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07/26/15 1:31 AM

#11890 RE: wj2005 #11888

No, Fred does not have to prove that his statements are true in a defamation case.
He just has to demonstrate the reasons he thought his statement's were true and that he did not have any serious doubts that his statements were not true.

Plaintiff Steve Saleen must prove by clear and convincing evidence that defendant- Fred knew the statement(s) [was/were] false or had serious doubts about the truth of the statement(s).
Steve Saleen must prove by clear and convincing evidence that Fred knew the statements were false or had serious doubts about the truth of the statements. The burden of proof is on the plaintiff (Steve Saleen) not the defendant, Fred. The fact that Steve is also a public figure allows Fred to say a lot more about Steve without being charged with defamation.

Also, Steve cannot prove damages. How could he dollarize his claim?
Saleen has a negative net worth that was the result of Steve's decision making not Fred's.
There is no correlation between the drops in SLNN's share price on the dates the statements were made.
The stock has been in a steady decline regardless of any statements being made. SLNN's Incredibly horrible financial performance reported publicly by Saleen's CPA firm to the SEC and the massive dilution of the stock from the issuance of toxic convertible debt signed by Steve Saleen is the cause of the share price decline, not
anything Fred said. How naive are Judges expected to be?

This case will be thrown out on the first reading of the complaint and motion to dismiss.
It's a slam dunk.