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Quackwatch Founder Launches Site to Debunk Health Care Reform Myths

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lawhawk9/09/2009 10:43:32 am PDT

I just took a look at the Westlaw history on Barrett v. Koren, and let’s just say that I have no reason to trust either side in the matter. Barrett lost at trial, and has appealed all the way to the US S.Ct., with cert denied.

As far as I can tell (and the original case as claimed on the site linked above), the facts are as follows: Barrett claims that Koren Publishers intentionally, knowingly and falsely published communications which were defamatory and clearly and explicitly referred to Petitioner. It was a defamation claim, asserting: (1) that Koren used of the term “de-licensed” physician when describing Barrett; (2) that Koren said that Barrett was “in trouble” in connection with a lawsuit that had been filed against him by a third party; and that Koren called Barrett a “quack-pot”.

Both prior to and at the time of trial, Petitioner stipulated that he was a public figure. The judge granted Koren’s motion for nonsuit, and denied Barett’s motion for directed verdict. Post trial motions by Barrett were deined as well.
Then, in 2008, the Superior Ct determined that the trial court’s grant of a non-suit was proper because the evidence, even when viewed in a light most favorable to Petitioner, failed to establish the elements of defamation, including that the alleged defamatory statements were made with actual malice.

Barrett failed in his defamation suit. That’s the only fact I can take away from all this.