Probably not. That’s because you’re both wrong.
A person who makes a defamatory comment (or who commits a tortious act) is still subject to personal liability, even if he did so in the name of a corporation.
We’ve discussed this before:
http://boards.straightdope.com/sdmb/showthread.php?t=327406&highlight=defamation
IANAL but …
I don’t think there is a defense against nuisance lawsuits except the willingness to go to court and air out the issues before a judge and jury. My belief is based on a frivilous lawsuit I became part of when buying a piece of property.
Many of these people don’t want to actually go to court. They want you to stop what you are doing that bothers them or to settle out of court. Often they will find excuses why a the court date needs to be delayed, and delayed, and …
If that happens, be prepared to give your attorney the “justice delayed is justice denied” talk because the constant delays works to everyone’s benefit but yours.
I was told that everyone has the right to sue if they believe they’ve been agrieved in some way. In my case, the woman had been in a car accident, suffered a brain injury, and believed many people had caused her pain and suffering.
You can always counter sue but they know that. Often, right before your court date (often years after the initial filing) you’ll get a message from the other attorney that they want to drop the matter. One of the conditions, however, is that you have to agree not to counter sue. Of course, they usually agree to not sue you again over the same matter also.
As far as I know, incorporation doesn’t help. Incorporation is supposed to separate your business from your personal assets and in so doing, protect your personal assets.
Ohio has a vexatious litigator statute which has been used (sparingly) since its adoption a few years ago. See Revised Code 2323.52:
…“Vexatious litigator” means any person who has habitually, persistently, and without reasonable grounds engaged in vexatious conduct in a civil action or actions, whether in the court of claims or in a court of appeals, court of common pleas, municipal court, or county court, whether the person or another person instituted the civil action or actions, and whether the vexatious conduct was against the same party or against different parties in the civil action or actions. “Vexatious litigator” does not include a person who is authorized to practice law in the courts of this state under the Ohio Supreme Court Rules for the Government of the Bar of Ohio unless that person is representing or has represented self pro se in the civil action or actions…
Your jurisdiction may have something similar.
I suspect so, as well. Especially if it looks, at trial, like you set up this corporation for the sole or primary purpose of maligning (however accurately) the overly-litigious historian.
As Henry Kissinger (himself no stranger to faculty politics at Hahvahd) once said, “The fighting is so bitter because the stakes are so small.”
Thats classic, thanks. I think despite my inability to avoid nuisance litigation, its important that someone stands up to this bully. If anything I publish gets approved by an attorney (I do already have limmited legal support) then it should minimize the exposure. Moreover, the prof’s history of unsuccessful legal attempts should work to my advantage.
This won’t help you, but an answer to your GQ:
Stay anonymous.