SUBMITTED: Thursday, September 29, 2005
POSTED: Thursday, September 29, 2005
To quote Mr. Kornberg:
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"Your publication of this libelous and false accusations by an untruthful and disgruntled client is defamatory and will result in you and this client being named in a lawsuit for libel and defamation. You have ignored your responsibility to investigate and validate such publications to my great detriment and damage. In 25 years of practice i have never been sued for malpractice, fraud or disciplined by the
State Bar of California for any reason, and I have never been charged with fraud or convicted of any crime. I demand that you remove this posting immediately."
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The operation of an internet web site upon which others post statements is an activity that is governed by the Communications Decency Act, 47 U.S.C.A. §230. Carafano v. Metrosplash.com, Inc. 339 F.3d 1119 (9th Cir. 2003); Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997).
47 U.S.C. §230 provides that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information
content provider.” Because Rip-off Report can not legally be treated as a publisher or speaker of information provided by a third party, they can not be liable for claims of defamation, invasion of privacy, negligence, and interference with contract. Id.; Schneider v. Amazon.com. Inc., 31 P.3d 37 (Wash. App. 2001).
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The client has given ripoffreport.com the irrevocable right to publish the information. The client can only update the report to reflect new developments. Perhaps you should make her happy rather than threatening to sue her.
As for Diane, many attorneys run this scam. They send you to a doctor whom they are in bed with, run up the bills through the roof, and have their paralegal work out a half-assed settlement with the insurance company. If you take the offer, all the money goes towards the med bills and your attorney gets a kickback. If they're nice, your attorney and his med facility will tell you "we worked out a deal so that you won't have to pay your med bills out of pocket, but the entire settlement will go toward them."
If you decline the ridiculously low offer that the insurance company gives you, he'll stop representing you citing that you refused the offer against his better judgement. Then you're left to fend for yourself as far as the settlement and bills go.
Be wary any time you think you are receiving excessive or overzealous treatment for your injuries. Be wary if you feel the amount of your medical bills seems more than what is reasonable and customary. In fact, beware of any medical provider your attorney tries to send you to! Insurance companies laugh at lawyers like this because they know they can low-ball the offer because the guy probably advertises on t.v., is representing 200+ clients at a time, and never EVER goes to court. Phoney lawyer = phoney settlement.
Sorry you got hooked up with a shyster.