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Former State Troopers Sue London Mayor for Libel in Response to Podcast Comments

Author By Todd McMurtryPosted on

Social media platforms and podcasts give individuals the chance to reach a broad audience without having to go through a traditional media outlet. This can be empowering for someone who cannot convince a newspaper, broadcast station or book publisher that their message is worthwhile. On the other hand, without a structure in place to filter out potentially defamatory content, speakers risk serious legal problems if they make a false statement about someone else.

Even municipal officials can face libel suits. The mayor of a small Laurel County town is now the defendant in two separate legal actions stemming from comments he made on a podcast. According to two former Kentucky state troopers, London Mayor Randall Weddle made false and damaging statements about them. Elijah Jarvis has also sued Weddle based on material from a True CrimeCast episode. 

Brothers James and John Phelps say that Weddle accused them of sexual misconduct and other serious crimes, including murder. Their legal action alleges that these false statements have harmed their career prospects and reputations within their community. 

Defamation claims in Kentucky generally require a plaintiff to demonstrate the following four things:

  • False, defamatory statement — Should the case go to court, the trier of fact will evaluate the truth of Weddle’s comments. In some cases, defamation plaintiffs must show how the statements at issue harmed them. However, baseless accusations of criminal activity and sexual misconduct are known as defamation per se, meaning that we can assume that they would damage plaintiffs’ reputations.
  • Publication to a third party — Speaking a damaging falsehood to a third party is slander, while wider publication, such as through a podcast, constitutes libel. According to news reports, the True CrimeCast has more than 1,000 YouTube subscribers. 
  • Fault, amounting to at least negligence — In cases involving public figures, actual malice on the defendant’s part is required. This means that the speaker knew what they said was a lie or acted in reckless disregard of the truth. When the plaintiff is not a public figure, liability only requires negligence on the defendant’s part.
  • Damages — There are several ways to show damages stemming from defamation, including harm to career opportunities and symptoms of emotional distress. Even unproven allegations of criminal and sexual misconduct could change someone’s life measurably. 

Whether it’s on a podcast or anywhere else, false statements about you should not go unchecked. Hemmer Wessels McMurtry PLLC in Fort Mitchell handles libel and slander actions so that those who defame others are held to account. To speak with an experienced Kentucky lawyer, please call 859-344-1188 or contact us online. 

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Can You Bring a Legal Malpractice Suit Even if Your Case Settled?

Author By Todd McMurtryPosted on

Legal malpractice is generally defined as failing to adhere to the professional duty of care that an attorney owes to clients. Usually, a malpractice claim is lodged after the client received a disappointing result in an underlying court case. But does the client have the right to sue if the case below settled?

The short answer is yes. You can sue for malpractice even if your underlying case never saw the inside of a courtroom. However, proving malpractice in a settlement scenario presents unique challenges. Courts generally presume that settlements are entered into voluntarily, which can make it difficult to argue that the settlement was the result of attorney negligence or misconduct.

The attorney’s duty of care requires him or her to act with the diligence and promptness expected of an attorney of similar ability and training under the circumstances. This includes adequately preparing for and researching the case, effectively communicating with the client and acting in the client’s best interest at all times. When the attorney fails to adhere to this duty in any respect, it could lead to an unfair or inadequate settlement

Here are specific types of conduct that can justify a legal malpractice claim:

  • Misrepresentation or fraud — If an attorney misleads a client about the strength of their case or pressures them into settling under false pretenses, this could constitute malpractice. For example, if an attorney assures the client that their case is weak when it is not, to coerce them into accepting a low settlement offer.
  • Failure to investigate or prepare — An attorney’s failure to properly research or prepare a case can leave the client in a weaker bargaining position and lead to a less favorable settlement. This might include failing to gather key evidence or neglecting to consult with necessary experts.
  • Conflict of interest — If an attorney has a personal or financial interest that conflicts with the client’s interest, such as a desire to settle quickly to move on to other cases or personal relationships with the opposing party, this could compromise the attorney’s ability to advocate effectively for the client.
  • Failure to communicate — Attorneys must keep their clients informed about significant developments in their case, including settlement offers. Failure to communicate such offers, or to adequately explain the implications of accepting or rejecting them, can be grounds for a malpractice claim.
  • Failure to negotiate effectively — If an attorney accepts an unreasonably low settlement without attempting to negotiate more favorable terms, this might also be seen as a breach of their duty of care.

To succeed in a legal malpractice lawsuit based on a settlement, the client must prove that but for the attorney’s negligence, a better settlement or verdict would have been likely. This often requires expert testimony from other legal professionals who can attest to the average recoveries for similar cases in the same geographic area. Since settlements are typically confidential, comparing the settlement to verdict sizes in similar cases can be a useful way to gauge whether the attorney made a substandard effort. A professional malpractice attorney can build the strongest case possible in this regard.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

The Most Frequent Causes of Business Litigation

Author By Todd McMurtryPosted on

As a business owner or operator, protecting your company’s interests requires understanding how to avoid and cope with problems that can end up in litigation. Disputes related to business operations, transactions, and partnerships can escalate quickly if not addressed proactively. 

Here is a summary of some of the most common causes of commercial litigation:

  • Breach of contract — When a party fails to meet their contractual commitments, such as by non-delivery of goods, late payments or substandard performance, it can disrupt your business immediately and in a longer term. Litigation may be needed to redress the issue. Business owner can mitigate these risks by ensuring that contracts are clear, detailed and enforceable.
  • Intellectual property infringement — Your intellectual property (IP) is one of your business’s most valuable assets. Protecting your IP through proper registration and vigilant monitoring can safeguard your competitive edge in the market. However, litigation may be needed if you believe another entity has infringed upon your patents, trademarks, copyrights or trade secrets. 
  • Negligence and business torts — Negligence and other tort claims may arise when another party’s careless actions cause harm to your business or its assets. These can include defamation, interference with contractual relationships or failure to exercise reasonable care in shipping. Such cases often require comprehensive evidence to establish fault and quantify damages.
  • Trade issues and disputes — Operating in a global marketplace exposes your business to complex trade disputes, including conflicts over international trade agreements, import/export regulations, and compliance with trade laws. Navigating these issues requires a deep understanding of both domestic and international legal frameworks.
  • Misrepresentation and fraud — If you’ve been misled by false information or intentional deception in a business transaction, you may have grounds for a fraud claim. Misrepresentation can have severe financial repercussions, and addressing it swiftly is critical. Proving fraud involves demonstrating intent, false representation, reliance, and damages.
  • Partnership and joint venture disagreements — Business partnerships and joint ventures can be lucrative but also fraught with potential conflicts over management decisions, profit-sharing, and fiduciary responsibilities. Disputes can escalate if there are ambiguities in your partnership agreements or if parties breach their fiduciary duties. Regularly reviewing these agreements can help prevent misunderstandings.
  • Non-disclosure agreement (NDA) disputes — NDAs protect your sensitive business information. If a party breaches an NDA by improperly disclosing confidential information, it can jeopardize your competitive position. Ensuring that NDAs are comprehensive and enforceable is key to protecting your business secrets.

Since any of these outbreaks disrupting your business, it is vital to consult with a skilled business litigation attorney immediately when a dispute arises. Early intervention allows for a thorough assessment of your case, the preparation of a strong defense and the exploration of alternative dispute resolution strategies, such as mediation or arbitration, which can save your business time and resources.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.