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Proviso Probe

Monday, December 05, 2005

DEFAM, Welch suits dismissed without prejudice

My attorneys explained that plaintiffs can request suits be dismissed without prejudice and the judge has no discretion. By dismissing the case without prejudice the plaintiffs can refile again in the next year.

A number of people who have been subjected to this tactic have objected.

Below is the press release sent by the Welch campaign last Wednesday.
MAYWOOD- Today, Emanuel “Chris” Welch, candidate for 7th District State Representative filed a non-suit for the two lawsuits involving blogger Carl Nyberg. The suits against Nyberg were filed after comments were posted on his blog and a letter was sent to Welch’s employer with non-factual defamatory remarks. With the holidays around the corner and a campaign in the works Welch said, “My priority at this time is to focus on my current position as District 209 School Board President and my campaign for 7th District State Representative. It is time to move on and focus on the future and the road that lies ahead. I hope Carl takes this blessing as a an opportunity to examine his mode of operations and I wish him the best in his future endeavors.”

I continue to be annoyed by Welch calling my remarks defamatory. The remarks Welch sued over were not defamatory. If they were defamatory Welch wouldn't have asked the judget to dismiss his lawsuits.

I'm going to demur on comments on the legal aspects of the case. Media outlets that want the technical stuff should call Peter Moore of Latham & Watkins at (312) 876-7700.

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