Tag Archives: wrongful termination

Got Justice? I Desperately Need Your Help.

I need a new lawyer.

A courageous lawyer in LA? They’re hard to find. When I Googled “crusading Los Angeles attorney,” all I found were obituaries. But that’s what I need — because my lawyer dumped me days before the most crucial hearing of my case.

Image result for latimes lapd

So if you know a great wrongful termination and/or defamation lawyer in LA or in CA and able to litigate in LA, I need to hear from you post haste. You can email me here.

In 2015 I sued the LA Times for defamation and wrongful termination. This was after they published two articles accusing me of lying in a blog post based on an audio tape they claimed to have gotten from the LAPD. In fact, the audio proved I’d told the truth — but the Times still refuses to admit they’re wrong, publish a retraction and give me back my job as a cartoonist.

Rather than do the right thing and back down, the Times hit me with three “anti-SLAPP motions” that accuses mean old me, their former $300/week cartoonist, of suppressing the First Amendment rights of sweet little LA Times, owned by a wee $416 million corporation. They want me to pay them $300,000 for their legal fees. Believe it or not, they claim in LA Superior Court that they have the right to lie and defame people because they’re a newspaper and because there’s a “public interest” in what they publish.

On June 21, the Times won the first of their three anti-SLAPP hearings, against the individual defendants: Austin Beutner, the ex-publisher who received the sketchy audio from his pal LAPD Chief Charlie Beck; reporter Paul Pringle, who pretended to investigate it; and the authors of the two libelous articles about me, Nick Goldberg and Deirdre Edgar. This can be appealed within 60 days.

I can’t get into detail about what went down with my law firm, but the basics are this: I was always super polite and nice. After our June 21 defeat, I wanted to meet with my lawyers to discuss strategy so that we didn’t get beaten again at the June 28 hearing, the main event against the LA Times and Tronc, the Times’ parent company. They said no, they didn’t have time. I asked for a more experienced litigator. They said no.

They sent me a Notice of Termination. I don’t know why.

(To any lawyer reading this and considering whether to look at my case: I’ll send you all this stuff so you can see I’m telling you the real deal.)

So here’s the deal: Unless I find a new lawyer by Friday, July 14th, I — former $300/week cartoonist — will have to appear pro se, representing myself on California’s complicated anti-SLAPP law against one of the state’s top experts in the field, a partner at a giant law firm. It will be very Mr. Smith Goes to Washington, but I’m not a lawyer.

If I get a lawyer, he or she will get a few weeks to familiarize themselves with the case.

Lawyers all over California are turning me down: not enough time, too busy, on vacation, too complicated, troublesome to take over a case from another lawyer, conflict of interest. Even so, most agree that if we can get past anti-SLAPP and get our case in front of a jury, they will rule for justice and against the LA Times, which has been corrupted by the LAPD.

I knew there would be bumps in the road when I decided to take on the LA Times and by extension the LAPD, and this is a big one. I desperately need your help.

I can’t do this alone.

P.S. People are asking about the ACLU of Southern California. They are not returning my calls or emails.

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SYNDICATED COLUMN: Corporations Are Abusing anti-SLAPP Laws to Screw Over Workers

“It’s a sadly familiar sight in courthouses around the country: A deep-pocketed corporation, developer or government official files a lawsuit whose real purpose is to silence a critic, punish a whistleblower or win a commercial dispute.”

Sounds awful, right?

Fortunately, according to The Los Angeles Times editorial board, “That’s why California enacted a law in 1992 to give people a preemptive legal strike against frivolous lawsuits that seek to muzzle them on public issues.” According to the Digital Media Law Project, 28 states, D.C., and one U.S. territory have enacted these so-called “anti-SLAPP statutes.” (SLAPP stands for “strategic lawsuit against public participation.” A classic example was when the cattle industry sued Oprah for dissing beef.)

At first glance, anti-SLAPP seems like a good solution to a serious problem.

In theory.

In the real world, however, well-meaning legislators have created a monster. In the hands of clever corporate lawyers, anti-SLAPP laws have become a loophole to libel laws and a catchall defense for disgusting behavior. What started as a good idea has become a menace to free speech, the ability to protect one’s reputation, and the right to redress in a court of law.

As I’ve discovered personally over the last year, California’s anti-SLAPP statute is at least as likely to be used by “a deep-pocketed corporation” against a “critic” as the way the legislature originally intended, which is to say the other way around.

In July 2015 The Los Angeles Times — yes, the same paper that published the above editorial — fired me as its staff editorial cartoonist. It has since come out that they did so as a favor to Charlie Beck, the $297,000-a-year chief of the Los Angeles Police Department. Beck’s feelings were hurt because of the cartoons that I drew about him.

The cops weren’t satisfied with merely having me fired. They wanted me destroyed. So the Times also published a pair of articles that falsely portrayed me as a liar and a fabulist — death to a journalist’s reputation.

So I sued the Times for wrongful termination, blacklisting, retaliation and defamation, as well as other claims.

Initially I had trouble finding a lawyer willing to represent me on the defamation claim. California’s anti-SLAPP statute, attorneys told me, have gutted the practice of defamation law in the Golden State. Fortunately for me, as several of the state’s leading experts on defamation law told me, Times management’s behavior was so outrageous, reprehensible and ongoing that I stood a better chance of getting over the anti-SLAPP hurdle than most plaintiffs.

As most of the attorneys I consulted had predicted, one of the first things that the Times did was file an anti-SLAPP motion against me. So much for anti-SLAPP being used against “a deep-pocketed corporation…whose real purpose is to silence a critic.” The Times is owned by Tronc (formerly Tribune Publishing), a $499 million mega-corporation. The Times paid me $300 a week.

Until that pretrial anti-SLAPP motion is decided, I can’t engage in “discovery,” the process of gathering information through subpoenas and depositions essential to forming a case. As Vikram David Amar writes, “oftentimes a plaintiff who may have a valid claim will not be able to prevail because s/he will not have had enough of an opportunity to gather the evidence (through legal discovery devices like depositions and document requests) needed to prove the case.”

Because of anti-SLAPP, I must convince a judge that I am likely to prevail at an eventual trial — before the first juror has been chosen or any evidence has been discovered.

If the judge decides that I will probably lose my case, I will have to pay all of the Times’ legal fees. According to papers that the defendants filed, they expect that to amount to hundreds of thousands of dollars. The case would be dismissed. I would go bankrupt.

Even if I convince the judge that I’ll win, my tormentors at the Times then get a second shot at destroying my financial well-being: they can go to the Court of Appeals. By that time, of course, their legal bills will be even higher. And it’s not much of a stretch to imagine that those fees will be highly padded. Many judges take defendants at their word when it comes to the validity of legal invoices.

We’re not done.

I live in New York. As an out-of-state plaintiff, California Code 1030 provides a defendant the right to move that I be required to post a bond in order to guarantee the payment of the Times’ attorney fees should they prevail on their anti-SLAPP motion. “The Times will defend itself vigorously against Mr. Rall’s claims,” a Times spokesperson said when I sued. They sure are. They filed a motion asking the judge to require me to post a whopping $300,000 bond.

The judge knocked it down to $75,000. Unlike criminal bonds that can be purchased for 10%, however, this civil bond must be 100% collateralized. In other words, I have to come up with $75,000 in “pay to play” money by Thursday, August 18, or my case will automatically be dismissed.

And you thought this was a free country.

Happily, there are signs that anti-SLAPP madness is finally coming to an end. Setting an important precedent, Justice Vance Raye of the Third District Court of Appeal in Sacramento denied an anti-SLAPP motion filed by UC Davis against a former employee who claims she was fired for whistleblowing.

“The cure [anti-SLAPP] has become the disease,” wrote Raye. UC’s argument was “ at odds with the purpose of the anti-SLAPP law, which was designed to ferret out meritless lawsuits intended to quell the free exercise of First Amendment rights, not to burden victims of discrimination and retaliation with an earlier and heavier burden of proof than other civil litigants and dissuade the exercise of their right to petition for fear of an onerous attorney fee award.”

Raye’s ruling is a good start. But what’s needed is for the 28 state legislatures in anti-SLAPP states to reform the law.

If you like to read more about the case and/or contribute to my fundraiser – I am not going down without a fight – please click here or go directly to http://gofundme.com/tedrall

(Ted Rall is the author of the graphic biography “Trump: A Graphic Biography.”)

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PRESS RELEASE: Cartoonist Ted Rall Claims LA Times “Adds Insult to Injury” with “Bullying Financial Demands” Following Alleged Defamation, Blacklisting and Wrongful Termination

FOR IMMEDIATE RELEASE

Cartoonist Ted Rall Claims LA Times Adds Insult to Injury with Bullying Financial Demands Following Alleged Defamation, Blacklisting and Wrongful Termination

LOS ANGELES—August 9, 2016 — Shegerian & Associates, Inc., a Santa Monica-based litigation law firm specializing in employee rights, has announced that the Los Angeles Times attempted to demand $300,000 in “legal fees” from its client, the cartoonist and author Ted Rall. Rall is currently suing the Times for defamation, blacklisting, wrongful termination and breach of contract.

Shegerian & Associates founder Carney Shegerian described the Times’ request for Rall to post $300,000 to guarantee the Times’ attorney fees in the event they should win their anti-SLAPP motion as a “bully move against a freelance cartoonist by a corporation that is egregiously inverting the very anti-SLAPP statute designed to protect employees from big corporations.”

The court has since ordered the Times to lower its request to $75,000.

“It feels almost like they are forcing me to ‘pay to play’ if I am to see my day in court,” said Rall. “You’d think after what happened, they would be issuing an apology and offering me my job back, not trying to bankrupt me after wrongfully firing me.”

Rall was originally hired by the Times as an editorial cartoonist in 2009 and published approximately 300 of his cartoons and more than 60 of his blog posts in the paper between 2009 and 2015. At no time during his employment was Rall disciplined or written-up and he was consistently praised for his work.

In May of 2015, Rall created, and the Times reviewed, approved and published, a cartoon titled, “LAPD’s Crosswalk Crackdown; Don’t Police Have Something Better to Do?” In the accompanying blog post criticizing the LAPD’s crackdown against jaywalking as reported by the Times, Rall referenced his own previous experience of being falsely arrested, unduly rough-housed and handcuffed by an LAPD officer allegedly for “jaywalking.”

In July of 2015, after the LAPD contacted The Times to question the accuracy of this cartoon and blog post, the Times decided to terminate Rall within 24 hours.

In his filed complaint, Rall explained that at no point did the Times allow him to speak to his regular supervisor, or to the editorial board to discuss his case — a violation of the Times’ Ethical Guidelines. Shortly after the termination, The Times published a rare “Note to Readers,” indicating that the paper had doubts about the veracity of Rall’s blog post due to an audio recording they obtained of Rall’s original jaywalking incident. The note also stated that the Times would no longer be publishing Rall’s work.

The Times failed to follow the standard of procedure for authenticating evidence and thus did not have grounds to publicly accuse Rall of falsifying information on his blog entry. After the Times’ note was published, Rall took it upon himself to have the audio examined by experts. The enhanced version of the audio supported Rall’s version of the encounter, and he presented this to the Times. Despite this exonerating evidence, the Times published yet another article further defaming Rall.

“The Times’ suspicions about the veracity of Mr. Rall’s blog post were unfounded in that they failed to properly investigate the accusations and refused to acknowledge proof that Mr. Rall’s blog post was, in fact, accurate,” said Shegerian. “The public defamation and subsequent blacklisting of our client following blatantly wrongful termination should be enough of a slap in Mr. Rall’s face, but the demand now for this freelance cartoonist to pay the Times’ legal fees in advance of a trial demonstrates that not only does the LA Times not play by its own rules employment-wise, as we will demonstrate in court, it behaves in a vindictive and unfair manner as well.”

(Case no. BC613703)

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Located in Santa Monica, Shegerian & Associates is a law firm specializing in protecting the rights of employees who have been wronged by their employers. Richly experienced in labor and employment law and possessing an unparalleled success record as litigators (Carney Shegerian, Trial Lawyer of the Year Award winner for 2013, has won 73 jury trials in his career, including 31 seven figure verdicts), Shegerian & Associates is passionately dedicated to serving the needs of its clients. For more information about the firm, visit www.ShegerianLaw.com

Media Contact: To arrange interviews about this case with Carney Shegerian or Ted Rall, please contact Paul Williams, 310/569-0023, paulwilliams@shegerianlaw.com.

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