Insurance coverage for defamation, libel or slander

[RiskManager]

I read the announcement on this site regarding the efforts of a litigant to add members of this site as defendants to a lawsuit alleging defamation.

Your risk management tip of the day: many (if not virtually all) homeowner's, renters or personal umbrella liability policies provide coverage for allegations of defamation, libel or slander. If I was added as a defendant or thought I could be added as a defendant, I would be contacting my insurance company to put them on notice of a potential claim and ask them to render a coverage decision: am I covered for the claim or not. If the insurance company says you are covered, I would ensure that I complied with the policy requirements to file an official claim with my insurance and then follow their instructions in defending the claim.

[nursel56]

From what I see here discussing the test prep company, (unless some of it was deleted) is nowhere near the legal threshhold that would outweigh the right to free speech, so it is difficult to see the motive here, but it looks like they want allnurses to do their work for them. My non-lawyer guess is that there is a time limit on the John Doe defendant placeholder. If there is no person to serve with a summons, the case cannot proceed.

In some states there is a recognition that even filing a case like that unfairly disrupts the life of the innocent party, and the court can penalize them accordingly.

[joanna73, BSN, RN]

I am not well acquainted with law, but I don't understand how people can be named in a lawsuit for voicing an opinion. I understand there are limits, but the named members are respectful, and we are entitled to free speech.

Hopefully, everything works out. Anyone can file a lawsuit, but that doesn't mean they'll have a case.

[Horseshoe, BSN, RN]

I am not well acquainted with law, but I don't understand how people can be named in a lawsuit for voicing an opinion. I understand there are limits, but the named members are respectful, and we are entitled to free speech.

Hopefully, everything works out. Anyone can file a lawsuit, but that doesn't mean they'll have a case.

Slander and libel are not protected speech. I didn't see the posts in question, but I really doubt they reached the threshold for libel. I'm glad AN is fighting this.

[Emergent, RN]

I don't much about this lawsuit, but if they are accusing allnurses of manipulating their site in favor of a competing company for gain, they might be trying to prove that these posters were part of that conspiracy.

So, if ladyfree and others testify that they were just sharing their opinions and/or experiences, not conspiring with allnurses, that lets them off the hook, AND weakens the case against allnurses.

From posting on this site for a while, I will most certainly testify that all the posters named are ordinary allnurses posters, just enjoying the site. They most certainly aren't sock puppets in some conspiracy!!!

[joanna73, BSN, RN]

Slander and libel are not protected speech. I didn't see the posts in question, but I really doubt they reached the threshold for libel. I'm glad AN is fighting this.

I realize that libel and slander are not protected, but there are gray areas, and based on the posting styles of these individuals, this lawsuit will likely be dismissed. Anyone can claim slander.

[Emergent, RN]

I just figured out that I can dismiss the legal notice by clicking on the X in its box. Hooray!

[nursel56]

I don't much about this lawsuit, but if they are accusing allnurses of manipulating their site in favor of a competing company for gain, they might be trying to prove that these posters were part of that conspiracy.

I think so, too because I read most of the complaint via the links to court records AN posted on that announcement banner. They describe an exhaustive analysis of each person's posting habits, to include what they "liked", and allege AN deliberately placed ads in locations meant to harm them and promote Excelsior.

They place special significance on the role of moderators as ringleaders who unduly pressure the non-moderators who fear reprisals if they object to being part of the conspiracy. Here is the same public record link provided by AN so people can decide for themselves. "Second Amended Complain"t

http://staticimg.allnurses.com/landing/lawsuit/files/97.pdf

[Emergent, RN]

I think so, too because I read most of the complaint via the links to court records AN posted on that announcement banner. They describe an exhaustive analysis of each person's posting habits, to include what they "liked", and allege AN deliberately placed ads in locations meant to harm them and promote Excelsior.

They place special significance on the role of moderators as ringleaders who unduly pressure the non-moderators who fear reprisals if they object to being part of the conspiracy. Here is the same public record link provided by AN so people can decide for themselves. "Second Amended Complain"t

http://staticimg.allnurses.com/landing/lawsuit/files/97.pdf

Thanks for the link. It makes me glad I went to community college and took the inexpensive prep classes they offered once we graduated. I bought an inexpensive NCLEX review book in a bookstore.

I think this lawsuit reflects the fact that nursing school has become a very commercial venture. There are too many for profit schools that financially prey upon poorly qualified students, who then resort to overpriced tutoring courses to help them pass.

I didn't read the thread from start to finish, but got the gist of it. $7000 for a test prep course, on top of an already expensive education?

And these same entities, among others, promote the idea of a nursing shortage. Add to that promoting BSN, MSN, etc, many stand to profit from this business. This profits the schools, and creates a glut of labor, allowing employers to walk all over us.

I easily passed NCLEX, and our lowly ADN program had a 98% pass rate. Our review course was less than $100.