Friday, May 20, 2011

Dicky Silverstein accidentally admits to being a libelous sack of shit

Who says Dicky Silverstein is smart? No one.


From Neuwirth v. Silverstein:

With the exception of this statutory immunity available to Silverstein on the second cause of action, however, not only Neuwirths evidence but also Silversteins and Beinins own evidence undermines both respondents claims that Neuwirth cannot establish malice either to the extent Neuwirth is a limited public figure such that malice must be proven or as required for the conditional privilege of Civil Code section 47, subdivision (c), to apply. The record contains considerable evidence to support a finding of malice with respect to Silversteins statement that Neuwirth is Kahanist swine. Indeed, even if he cannot be held liable for his repetition of Beinins death threat accusation, it undermines his contention that the statement was merely nonactionable opinion rather than an assertion of fact. Similarly, Beinin does not dispute that in his 2004 deposition he specifically testified that he did not believe Neuwirth had threatened his life. Crediting Neuwirths evidence for purposes of these special motions to strike, it was error to conclude that she could not prevail on her claims as a matter of law.

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