Can Margo sue Cotto for false allegations?

[Daddy T]

There's nothing to sue about tony is a proven user of plaster so its not defamation to say as much. If he was caught using it once its perfectly reasonable to suggest he used it before. Its different to pac floyd where pac is not a proven steroid user.

[ajohnz]

to make it simple, no. . . margarito's reputation is already damaged because of a proven use of plaster. . . and, most importantly cotto has a reasonable basis. . . it's not something "he knows or should have known is untrue" the standard is what would "a reasonable person in the same or similar circumstances" believe? a reasonable person in cotto's circumstances, with the mosley fight, and the pictures, etc. would have reason to believe, and thus base his statements on.

pac, however, WILL WIN his case against mayweathers. . .

can you post your source of the law?

[UglyPug]

what the court will look at is "how is the persons reputation actually damaged"? "does it affect him in his chosen profession"? margarito's reputation is already shot to ****, so by cotto accusing him of using plaster in his fight does not damage it anymore than it already has been. . . also, like i said, it's what a "reasonbale person in the same or similar circumstances" would believe. . . he's been caught before. . .

TO DISTINGUISH manny's situation - his reputation has CLEARLY BEEN damaged by the comments. . . unlike margarito, manny enjoyed a spotless reputation BEFORE the cowardly allegations like a female would do. . . females gossip and TARNISH OTHERS CHARACTERS THROUGH THE MEDIA. . . . There is nothing to base his allegations on. .. no reasonable person would accuse somebody of using roids having never even been LOOSELY ASSOCIATED with steroids. . . Just look at all the fighters and fans who start BELIEVING THE ACCUSATIONS? These fans who believe this, are female in nature who enjoy and FEED ON GOSSIP. . . Mayweather and his fans are the jersey shore, drama, female types. . .

manny did what he had to do. . . he couldn't get floyd in the ring; floyd wouldn't just TALK TO HIM AS A MAN - rather LIKE A FEMALE he went through the media gossiping. . .

[Russian Crushin]

Can he? Sure why not

Will it go anywhere? No

[UglyPug]

can you post your source of the law?

im in law school . . . two semesters ago i took an exam with an essay question based on defamation. . .

it slightly differs from state to state, where they implement different statutes. .

but there are three basic elements to proving a defamation claim: **1.) defamatory comment (one that causes harm, or injury to one's reputation) ***2.) made to a third party. ****3.) that the person knew OR SHOULD HAVE KNOWN was false. . . to see how the court has interpreted these elements, and applied them to various facts - just go a google search. . .

** the plaintiff, in order to recover damages, must be able to show he has suffered harm to his reputation. . . the burden is on the plaintiff to prove this. . . the defendant can argue that the plaintiff already had a tarnished reputation, and thereby suffered no further injury from his comments/accusations.

*** an exmaple would be through the media.

**** to show that a person "should have known", the court uses the objective "reasonable person" standard, applied to a subjective interpretation of "in the same or similar circumstances". . .

[UglyPug]

ALSO, there is a different standard for PUBLIC FIGURES as opposed to PRIVATE FIGURES. .. simply put, public figures as people who are well known. . private figures are people like us. . .

for a public figure to win on the first element, he must show INTENT. . . in that, the person made the comments with malice. . or just a complete and utter reckless disregard for the truth. . .

THIS IS WHY MANNY WILL WIN. . . it's a bit harder to show, but it can also be easier at the same time if the comments are just so stupid.

[UglyPug]

http://www.abbottlaw.com/defamation.html

here, this sums up everything u need to know. . . it's a legit source. . . there are some other various defenses floyd might be able to use, such as the "opinion defense", but based on the facts,and applying them to the elements here, i'd say it won't work. . .

[borikua]

Yes he can, but I doubt he wants to lie under oath.

[RlCKY]

You can sue anybody for anything you want. You have to build a strong case to win the lawsuit though. Also, he would have to be able to prove that he incurred financial loss. One can argue that since the Mosley fight Tony's stock has gone up, perhaps, people wanting to see him taking a beating for using illegal wraps. So it is doubtful that he lost any money/financial opportunity from what Miguel is saying. Plus Margarito was CAUGHT WITH ILLEGAL WRAPS! So he isn't slandering Tony by any means.

[game20ver]

Yes, but what's the point? They're going to settle their differences the old fashioned way, they don't need a court room.