Thursday, November 5, 2009

Lamer than lame

Ms. Polgar's attorneys filed their response to some of the summary judgment motions today. In yesterday's filing, there is a claim regarding the alleged defamation by the CCA that boggles the mind. The brief filed by Ms. Polgar's attorneys states:

10. Defendant Continental Chess, in two postcards, accused Plaintiff of violating fiduciary duties to the USCF and working for the destruction of the same. See Exhibit D, Appx. pp. 15-16. Each of these statements constitutes a purported statement of fact about Plaintiff, which is false and defamatory. Further, each statement is defamatory per se, in that it imputes a crime, injures Plaintiff in her occupation as a chess personality and USCF member and Board member, and impeaches her honesty, integrity, virtue, and reputation. Thus, injury to Plaintiff’s Reputation is presumed.

What did the postcards actually say:

USCF has been sued for $10 million by a member of its executive board, and $20 million by a board candidate. Executive Board members have a fiduciary duty to work for the interests of their organization, not for its destruction, and I find these lawsuits outrageous.

First of all, the statement is a response to the lawsuit. Suing someone for defamation and then basing the claim on statements made only after the lawsuit was filed is dirty pool.

Secondly, there is nothing even remotely defamatory about the statements.

Finally, and most importantly, the statements are true.

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