Yelp review led to libel law suit. Anyone knows a good lawyer?

How many of you have written a bad review on yelp because you were mistreated? I have and now I am being sued for libel and $10k of business loss for a review I posted 2.5 years ago. He took me to the small claims court two weeks ago and won. As you can see, it puts a damper on my thanksgiving holiday. I am going to appeal and need to hire a good lawyer. Do any of you know a good lawyer that would take a case that doesn't involve big money? I have contacted a few but only one wrote back and said my case is too small for him to take. It's hard to find a lawyer that would work for justice, freedom of speech and consumer rights? If you know one, please let me know. (I don't expect pro bono work, I will pay to retain service)

Sorry I can't share my yelp post publicly due to the pending law suit. FYI, small claims court don't allow lawyers but on the appeal lawyer is allowed.

 

http://www.sfgate.com/business/article/Dentist-sues-over-negative-Yelp-review-3176311.php

Stare decisis, if you can find the right lawyer you might be able to flip it in your favor
http://blogs.findlaw.com/free_enterprise/2011/05/dentist-must-pay-80k-in-yelp-review-case.html

 

That sucks

 

thats total horse S!@^. good luck with that and as a side note i would send yelp a message about it due to the fact thats what that site is for. never know they might step in and help.

 

What's the name of the establishment?

What's your Yelp name?

 

In previous cases it has already been ruled that Yelp is not responsible for reviewers' reviews. They only provide a platform, are not liable for the reviews on their site and are not obligated to help.

 

That sucks!! What good is Yelp if you can't give a bad review?

I guess this is a lesson for everyone. If you go out to eat and have a bad meal you need to be creative in your review.

"The steak tasted like cardboard, but it was the best tasting cardboard I ever had!!" "The hair in my soup actually made it taste better!!"

 

dang that $uck$...keep us posted

 

Thanks for the support. But, what I really need is a good lawyer in my corner who doesn't mind this being a case with little monetary value?

 

Wow.

Couldn't be worse than this one: http://www.nytimes.com/2012/11/14/d...merican-kitchen-bar-in-times-square.html?_r=0

I wonder how it is that journalists can write negative reviews of restaurants and movies and car companies, and not wind up in prison.
Surely if you're a contributing writer to a review service, you're afforded some element of freedom of speech? Or do business interests trump that in this enlightened age...

 

As a small business owner with no recourse, I'm wondering what it is you said? Did you state facts? Was there unnecessary emotion and opionions?

There are bad reviews on Yelp from people who have not even patronized a business or establishment. While I'm sorry for your situation, and I DO understand what a damper that can impart on a holiday. But, I'm VERY pleased to hear that a new precedents may be set to keep internet, anonymous verbal vomit at bay. It is no different than slander if it facts that would not be conveyed in a court case.

The average small business is functioning in a very different climate with the land of social media. It is tough to navigate when your margins are small and it is not your specialty, just another necessary overhead expense.

I'm having to spend $$$$$ to stop a website squatter on my domain (spelled different with only 1 letter, reroute to same business with a COMPLETELY different name). Even after spending lots of dollars and known losses, there is still no guarantee for recourse - just trying to get a cease and desist to the host provider is proving tough.

I do have an attorney that specializes in internet work, if you still need a referral let me know.

Civility folks, and vote with your $$'s. Best of luck to you....

 

In california there is an anti-slap statute that protects against retaliatory suits based on free speech. The statute provides for attorney's fees. Contact an attorney who specializes in consumer protection.

 

i PM'd him with this (above) info right about the same time you posted this.

I'd love to take a look at the review and see if this fits SLAPP (2 p's). In general, internet reviews can fit the specified protected communications - I just need to check/verify content.

 

If you appeal and represent yourself here's some info:

http://www.avvo.com/legal-guides/ugc/defamation-in-california?ref=kb_serp_title_3

 

This is actually a rare occasion where you may have nothing to lose by using an attorney. Anti-SLAPP statutes provide for the initial defendant to be compensated in addition to having their attorney's fees paid by the initiator of the lawsuit.

 

How come politicians never get hit with slander when it's so obvious that someone has to be lying.

 

Too complicated to put into a forum response, but the short answer is that the focus is on the type of harm done to the identifiable victim of the purportedly factual speech.

There are also a number of protections and immunities that politicians enjoy depending on the context of their speech (official capacity) or simply by virtue of their position (like trying to sue the pres).

 

Any chance that the ACLU would assist you?

 

Thank you so much, I just pmed you some information.

 

Since this is not a case where you can claim damages and thus the attorney can make money off your case, best you can hope for is to find an attorney who has a low hourly rate and will work to get this matter negotiated for you and it won't cost you too much but better yet... contact the Plaintiff and see if you can arrange a settlement. You can appeal the case but it would cost you far more to do so than just try and settle.

Lesson for everyone... even though social media is out there we all still need to be careful what we do and say. You personally may have had a bad experience and you legally and rightfully can share that experience for instance "I went to so and so restaurant and had to wait 30 minutes for my meal..." Where we all get into trouble is when we make comments such as "I went to so and so restaurant and the entire staff was on drugs... really high or something and didn't even know what they were doing..." I've gotten myself in trouble for going to far and have hopefully learned a lesson.

PS unless poster is willing to do the work himself, an anti-SLAPP motion will cost him about $5,000, not including filing fees etc. Although this actually may be a good example of anti-SLAPP depending on what was posted - again a person can state true facts... and even opinion but making disparaging statements is another thing.

If you want an attorney several options: you can contact one of the local law schools (depending on where you are) to see if they are willing to offer legal help. You will get what you pay for however. There are websites that provides listings of attorneys that handle general litigation and business disputes. Fees will range from about $225 - 500/hr. Just keep that in mind. I think there is an attorney referral you can get by going to handelonthelaw.com. And or hopefully people here or attorneys or know someone you can contact but again remember attorneys need to eat and so they can't do this work for free.