UKGuy, sorry, but that's not the way it works. His public figure status is not just a "technical detail". I'm not going to repeat things I've said several times before because I'm probably boring the pants off everyone and you don't have to believe me, but: Burke may never get to put on a case if the Court dismisses it because CBS has a First Amendment right to opine on the guilt of a public figure, voluntary or otherwise. As a public figure, in order to prevail Burke has to prove that CBS lied and they lied purposefully to harm him.
I agree with you completely that Burke and Lin would love nothing more than to settle out for a few million dollars. That being chump change to CBS, they may well do that. But maybe CBS wants a bigger story out of this? Or maybe they'll call Wood's bluff and do enough discovery to file for a motion for dismissal? And maybe, like Fox News years ago, they'll win? And if they don't, maybe they'll settle then? Lots of things could happen.
If I were advising CBS (as if they needed my advice!) I'd recommend sufficient discovery be done to enable them to file for dismissal. And based upon what happens with that, decide where to go from there.
Yes, agree with everything you said. The differentiation between public and private is a significant one. I noted that in the Spitz lawsuit LW filed that BR is a private citizen. (Btw, awards cannot contain punitive damages if he is regarded as a private citizen, unless LW proves actual malice.) However, as LW and company may or may not know, even the son or daughter of a celebrity or public figure can be named a limited public figure in terms of the subject at hand. In BRs case, he has appeared in Walters show sailing and smiling. He gave an interview to Woodward which I read when she had parts of the book for preview on Amazon. And then there is the infamous Dr. P appearance.
Venue is also a critical decision. In the Spitz lawsuit, he lives in Michigan as does BR. Easy to determine where the lawsuit would be heard. The CBS lawsuit is not as clear. Typically, the defamation lawsuit is heard in the state of the defendant. In the case of Fox, since they are a national broadcasting company, the suit was originally petitioned to be in Georgia, but Fox prevailed as to venue and it was heard in Colorado. That was definitely to Foxs benefit.
If the lawsuit is evaluated in California, defamation law of California will override Michigans laws. This does make some difference. California has anti-SLAPP statutes. Were this determined to constitute a SLAPP lawsuit, the cost for the attorneys would have to be paid by LW and company. If the lawsuit is petitioned to be heard in Federal court, since the parties to the lawsuit (a suit which has been filed for more than $75,000) are in different states, it could go to a federal court.
It is one thing to say that no one can prove he struck JB, as BR threw back at Dr. P on the air. It is quite another to reach that conclusion or theory by inductive reasoning which is how the CBS investigators arrived at their theory. Had this gone to court after the GJ indictment, prosecutors would have had to rely heavily on circumstantial evidence and inductive reasoning against the parents which includes behavioral indices of the entire family. (E.g., fathers of murdered children dont usually suddenly have to fly off to a business appointment and avoid the police like the plague.)
Also, as UKGuy and otg have pointed out on numerous occasions and its been verified by CO lawyers, the wording of the indictment seems to
suggest a third person. That is also something which would be brought out, along with the dismantling of the DNA evidence used to exonerate the family. But . . .
Imo, the CBS case will not be heard in a courtroom. Its a business and they wont care about carrying a moral flag. Discovery could be very interesting though. CBS has a stand-up guy in the wings.
The stand-up person whos always been discreet and knows so much more than LW has figured is Kolar. Kolar read the indictment and case reports. He may have knowledge of what Dr. Meyer, the coroner, kept private and only entered into notes he shared with the GJ. What did investigators learn from the teachers communication with JR about JBs toileting issues and what did she recommend? Why was BRs third grade teacher called to speak to the GJ? Im still led me to believe Kolar, without violating GJ secrecy, would know exactly what questions BR should be asked.
