Posts Tagged ‘defamation’

Former Nevada Political Candidate Wins Defamation Case But Judgment May Be Vacated

By Nevada News Bureau Staff | 4:17 pm March 19th, 2012

Rob Lauer, a Henderson resident and 2010 GOP candidate for Secretary of State, won a defamation lawsuit last week when a woman who claimed he injured her at a Las Vegas social event failed to respond.

Lauer, who said he has been forced to live with the allegations since being charged with battery following the incident involving Jennifer Von Tobel at a bar in June 2010, is now seeking $50,000 in damages.

Rob Lauer.

An attorney for Von Tobel said today, however, that he expects that the default judgment will be overturned because the lawsuit was not properly served on his client.

The misdemeanor battery charge was dismissed in November 2011, but Lauer said the allegations made it difficult for him to run a campaign against Democrat incumbent Secretary of State Ross Miller in the 2010 general election. Miller won a second term.

Lauer filed his civil defamation complaint against Von Tobel in Clark County District Court in January of this year.

Lauer said about his legal victory: “After suffering under a cloud of suspicion for over a year and a half, caused by falsehoods spread by Jennifer Von Tobel, a criminal court judge found me not guilty this past November and now a civil court has found Jennifer Von Tobel guilty of defamation, liable and slander.

“Jennifer Von Tobel intentionally exaggerated and misrepresented facts to the media that were found by the criminal court to be false and a civil court to be lies,” he said. “The facts are now clear and I look forward to moving on with more productive and positive things in my life.”

Lauer said he gave Von Tobel more than 50 days to respond to his lawsuit.

Lauer denied he ever harmed Von Tobel, saying he was demonstrating self-defense moves to her at a First Friday event at the bar.

But Von Tobel’s attorney, Gus Flangas, said the lawsuit was served on a former residence of Von Tobel’s and that she never received proper notice.

Papers were being filed in District Court seeking to overturn the default judgment based on that fact, he said. Von Tobel had not used the address at which the papers were served for some time, Flangas said.

“I’m quite confident it will be overturned on two grounds: One, the service was faulty; and two, courts prefer to decide matters on the merits,” he said.


Former State Lawmaker, State Democratic Party, To Settle Defamation Lawsuit Over 2008 Campaign Mailer

By Sean Whaley | 4:39 pm June 16th, 2010

(Updated at 4:57 p.m. on June 16, 2010)

CARSON CITY – Former state Sen. Bob Beers, R-Las Vegas, said he has settled a lawsuit with the Nevada State Democratic Party over a campaign mailer sent out just days before the November 2008 general election alleging he was under review by the state Ethics Commission.

Beers, who lost the election to Democrat Allison Copening, sued Copening and the state Democratic party for defamation stemming from the last-minute mailing. A trial was scheduled for August in Clark County District Court, but Beers said today a settlement offer he made to the Democratic Party was accepted.

Developments in the 18-month old case were first reported by Jon Humbert of Las Vegas telvision station KLAS via Twitter.

Copening, whose victory in the Clark Senate 6 race helped give Democrats the majority in the upper house for the first time since 1991, had earlier been dropped from the lawsuit.

Beers said state Democratic Party officials have agreed to write a letter stating that he was never under review by the Ethics Commission at any time. The party will also write a $2,500 check to Opportunity Village.

The settlement agreement came as Democrat Party officials were scheduled to be deposed in the case tomorrow. An effort by party officials to restrict questioning in that deposition was rejected by a district judge.

Beers said he is satisfied with the settlement, which has yet to be formally signed by the parties.

He said each side will pay their own legal costs in the matter.

“I hope out of this comes an increasing awareness that the Nevada State Democratic Party, at least here at a local level, will flat out lie to win an election,” Beers said.

State Democratic Party spokeswoman Phoebe Sweet said there would be no comment on a lawsuit that has yet to formally settle.

“If we settle, we will be closing the books on a frivolous lawsuit brought by former Sen. Bob Beers,” she said. “We are happy to make a contribution to a charity and give Sen. Beers the statement he feels he needs to move forward and ‘clear his name.’ Although if Sen. Beers is so interested in name-clearing, he should apologize to Sen. Allison Copening. Beers admitted in his deposition that he filed a lawsuit against her during the 2008 campaign with absolutely no evidence of any wrongdoing on her part. The Nevada Democratic Party stands by its direct mail against Sen. Beers.”

Audio clip

Former State Sen. Bob Beers comments on defamation settlement

061610Beers :22 it behind me.”

Law Firm Alleges Defamation of MGM Mirage and Jim Murren, Demands Retraction of anti-Harry Reid Ad from PAC

By Elizabeth Crum | 9:40 am March 15th, 2010

The law firm of Brownstein, Hyatt, Farber and Schreck has sent a strongly worded letter to to the Republican Majority Campaign PAC in re: to an ad and website ( mentioned in one of my posts yesterday.

The letter alleges and details “false and defamatory” messages against MGM Mirage and CEO Jim Murren and demands a retraction “published in a manner as conspicuous as the defamatory material.”  It also calls the video ad against Harry Reid “false, misleading and reprehensible in the extreme.”

At issue, among other things, is the contention that the ad misrepresents the details of the investigation of the gaming licensing application (and related costs) of Sheik Almaktoun of Dubai World.

You can read the letter here:

Updates and statements by the parties will be posted here as they are available.

Update 1: Forgot to post the YouTube page on which you can view the ads in question.

Update 2 (3:15 PM on 3/17/10): CityLife editor Steve Sebelius deconstructs the ad and offers his three cents.