Is there a lawyer in the house?

[monkeyboy]

See the following from some news web page that I can't remember cause I have been trying to multitask at work and hang out on DU at the same time:

Fox was seeking an injunction to bar Penguin from distributing copies of the book
with its current cover, or any cover that featured the words "fair and balanced."
The lawsuit described Franken as a "C-level political commentator" who is "increasingly unfunny."
It suggested he was "intoxicated or deranged" when he
confronted a table of Fox personalities at a correspondents' dinner in April.

My question is: Do lawsuits typically include this kind of insulting description of the target of the laswsuit? Can Franken sue for for defamation of character because of the language used?

[nothingshocksmeanymore]

1. He can counter file for malicious prosecution if he wants to

since case law has well established parody as being protected.
He really should.

[gratuitous]

2. You can allege anything you want

The fact that the judge dismissed the suit with some pointed comments about its baselessness, both factually and legally, indicates what kind of success a lawyer who routinely uses that sort of language can expect.

The lawsuit was obviously not a serious attempt to stop the book's publication, and the inflammatory language of the brief certainly didn't speak either to the law or the facts, and the judge ignored it.

[calm_blue_ocean]

3. I am a lawyer, but . . .

don't know much about the in's and out's of libel, trade libel, malicious prosecution or SLAPP (Strategic Lawsuits Against Public Participation) law.

Nevertheless, writers and the media tend to be wary of these kinds of suits because they chill free speech. Apparently, nobody got the word to Fox, but Franken and his publisher probably savvy enough to stay far away from suits that could chill free speech.

In other words, a Franken victory on a libel claim could spawn a couple of libel claims against him.

[spooky3]

4. 2 more cents

In the US public figures have less protection against libel and slander than do the rest of us. This is in part to protect our right to criticize public officials and others.

[izzie]

5. Had to do some on art in college but....

Seemed pretty silly as you could copy almost to a line and not a thing could be done. You just sort of change the eye color or some little thing and any one can take your work. I was once told I could not paint public building and sell them but even after a big fight I stuck to my guns as I can do that. I can not go on a historial site and paint a private building.I had a book pub. buy some prints from me and reprinted then and gave them to Banks. I did nothing as I did not fell I had the money to fight the case. They are all funny laws. The word business seems really far out. I want my oun words, that only I can use.

[sierrak9s]

6. Yes. No.

Lawsuits often contain immaterial "extras," usually intended to "set the stage" for the dispute. Often they contain highly insulting descriptions.
And No, Franken can't sue for defamation. Statements contained in a lawsuit are privileged. Whether they're true or false, Fox is immune from defamation liability arising from those statements.
I also saw a comment that Franken should counter-sue for malicious prosecution. Won't work. You can't sue for malicious prosecution until the initial lawsuit has resolved in your favor. That rules out a counter-suit; it would have to be a subsequent suit.

[Raven]

7. I'm a lawyer...retired...for 3 months

but IMO this case is ripe for sanctions! Fair and balanced is not a term that Fox can claim...ever. The defamatory language in the complaint is something most decent lawyers would never do but since Franken is a public figure, he may have trouble proving a defamation claim...If "Fair and Balanced" gets upheld as only the domain of Fox news, it's a sign that we should all leave this country! I'm serious, not just being political. Imagine a suit to control the domain of "good and just" or "honest as the day is long"? If that happens, we better have the bunkers ready!