I'll just leave this here this morning

[Saboburns]

Link to tweet

[onenote]

1. Tribe's opinion may be expert, but it is not infallible

in the sense that if he says something it must be so.

Tribe has taken a more plaintiff-friendly view of defamation law than the courts. For example, after Brad Delp, a member of the band Boston, committed suicide, his family sued Tom Scholz (founder of the band) over certain statements he made about Delp. The lower courts ruled against Scholz. With Tribe as his lead counsel, Scholz took the case to the Supreme Court. While Tribe may be an expert, he still lost -- the Supreme Court denied cert.

When a public figure is involved, there is no such thing as a slam dunk libel suit. The "reckless disregard" standard is a tough one to crack given that it is not measured against a "reasonable person" standard, but is measured against the defendant's actual state of mind.