Tuesday, October 21, 2008

Dozier Internet Law: $11.3 Million Sue Scheff Defamation Judgment Confirmed on Appeal

Dozier Internet Law is constantly battling the scofflaws of the web. On the one hand, the Internet as a whole opens up the world to everyone. On the other hand, it opens up the world to, well...to everyone. Defamation laws and related judicial interpretations evolved historically at a time, and in an environment, in which there were inherent protections that served as a filter of sorts. Today those protections are lost to the ability to distribute attacks to millions overnight. Want to physically picket a business? You have to invest time and disclose your identity if you are going to coordinate and show up at a business. Want to print and distribute flyers, or take out an advertisement or run a commercial? Expensive, of course. And newspapers and television wouldn't print, even as ads or commercials, alot of the outrageous claims and statements being readily distributed online.

Once in a while, Dozier Internet Law sees comments encouraging such illegality from what might seem to be credible sources. But the application and interpretation of laws dealing with disparagement and defamation and other lawlessness will eventually catch up with the online scofflaws, and defending misconduct by claiming you saw a blog by a lawyer saying it was legal is not a defense.
On October 15, 2008 the District Court of Appeal of the State of Florida just rejected an appeal from the Defendant and confirmed a JURY judgment on behalf of Susan Scheff in the sum of $11.3 Million, of which $5 Million was for punitive damages (on behalf of Susan Scheff and her very small business), against an individual who took it upon herself to publish allegedly defamatory statements online. Read the plaintiff's comments by Sue Scheff about "free speech".

Online defamation and product disparagement is a huge issue, of course, and businesses are under attack. This judgment is just another example of the legal system catching up with online misconduct. And instead of a real attempt to establish standards and self police and self regulate, one blogger organization has started selling insurance to bloggers. It strikes me that insurance coverage is a wonderful thing for the businesses under attack. At Dozier Internet Law we hear from dozens of victims of online blog attacks each week, it seems. The possibility of insurance coverage is great. Online defamation promises to be a growth industry for trial lawyers. Another example, I surmise, of an unanticipated and unintended consequence...but this time of mammoth proportions.

Saturday, October 18, 2008

Sue Scheff Victorious Again - $11.3M Jury Verdict Stands Firm


Back in September 2006, I was awarded over $11.3M jury verdict for damages. They were defamatory and false statements about my organization, myself and my family.


I fought back, and won! The defendant attempted to have the judgment set aside - although she was firmly denied in July 2007, she filed an appeal.


Today, it is official - she loses again in the appellate court, and the $11.3M judgment stands firm!Free speech is still in tact, but it will not condone defamation.


Remember, think before your post - sometimes keystrokes can be costly!

Wednesday, October 8, 2008

Sue Scheff - Featured in the Sun Sentinel


'Wit's End' book offers advice to help out-of-control teens
By Liz Doup South Florida Sun-SentinelOctober 8, 2008


A decade ago, when her 14-year-old daughter spiraled out of control, Sue Scheff didn't know where to turn.


As a result, the Weston mom sent Ashlyn to a residential program that harmed rather than helped, she says. It was a drastic move after her daughter had temporarily run away and threatened violence.


In hindsight, Scheff wishes she had looked more closely at schools and asked more questions. To help parents avoid her mistakes, she started researching programs that offer professional treatment in a residential setting. She put what she learned in the recently published book, Wit's End: Advice and Resources for Saving Your Out-of-Control Teen (Health Communications Inc.; $14.95). She also created Parents' Universal Resource Experts Inc. (helpyourteens.com).