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Oral Argument in 7th Circuit Case Finding Alleged Libel Against American Bar Association Was Non-Actionable Opinion

The Board of Forensic Document Examiners defamation sued for libel claiming it suffered harm to its reputation due to an article that appeared in a journal published by the American Bar Association. The trial court granted the defendants motions to dismiss the action, finding that article didn’t sufficiently identify the Board or its members as the targets of the criticism and if it had done so, it would still be only the opinion of the author and therefore non-action as a libel case.  You can listen to the oral argument below:

You can read the final decision of the 7th Circuit here.

Our Chicago, IL libel and slander lawyers concentrate in this area of the law. We have defended or prosecuted a number of defamation and libel cases, including cases representing a consumer sued by a large luxury used car dealer in federal court for hundreds of negative internet reviews and videos which resulted in substantial media coverage of the suit; one of Loyola University’s largest contributors when the head basketball coach sued him for libel after he was fired; and a lawyer who was falsely accused of committing fraud with the false allegation published to the Dean of the University of Illinois School of Law, where the lawyer attended law school and the President of the University of Illinois. One of our partners also participated in representing a high profile athlete against a well-known radio shock jock.

Our Chicago libel attorneys defend individuals’ First Amendment and free speech rights to post on Facebook, Yelp and other websites information that criticizes businesses and addresses matters of public concern. You can view here a federal court decision where we prevailed in a libel per se claim asserting the innocent construction defense. Here is an arbitration decision where we won a decision in favor our client after we presented evidence and cross-examined the used car dealer defendant at a hearing where we proved that our client’s 20 plus Youtube videos voicing his opinion that a used car dealer committed consumer fraud were true, were protected opinions under the First Amendment, or involved inconsequential and minor errors of fact. We recently required a defendant who publicized an allegedly false lawsuit regarding our client to provide an apology and full retraction as part of a confidential financial settlement following our filing of a $16 million suit for libel per se in federal district court. You can read about that case here.

Our Chicago Cybersquatting attorneys also represent and prosecute claims on behalf of businesses throughout the Chicago area including in Lake Forest and Highland Park who have been unfairly and falsely criticized by consumers and competitors in defamatory publications in the online and offline media. We have successfully represented businesses who have been the victim of competitors setting up false rating sites and pretend consumer rating sites that are simply forums to falsely bash or business clients. We have also represented and defended consumers First Amendment and free speech rights to criticize businesses who are guilty of consumer fraud and false advertising.

Super Lawyers named Chicago and Oak Brook business trial attorney Peter Lubin a Super Lawyer in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation and Chicago slander attorney Patrick Austermuehle a Rising Star. Lubin Austermuehle’s Oak Brook and Chicago business trial lawyers have over thirty years of experience in litigating complex class action, consumer rights, and business and commercial litigation disputes. We handle emergency business lawsuits involving injunctions, and TROS, defamation, libel, and covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud or defamatory attacks on their business and reputations.

Lubin Austermuehle’s Dupage County County defamation and slander lawyers near Buffalo Grove and Long Grove have more than three decades of experience helping business clients unravel the complexities of Illinois and out-of-state business laws. Our Chicago commercial defamation lawyers represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners and shareholders as well as lawsuits between businesses and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and successfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Elmhurst and Glencoe near Winnetka and Schaumburg, we serve clients throughout Illinois and the Midwest.

For a free consultation, you can call us locally at 630-333-0333.  You can also contact us online.

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