According to legal representative Mark Clark of the law firm Traverse Legal; a John Doe lawsuit can be either a personal injury claim or a wrongful death claim. A John Doe lawsuit can also be a generic phrase that refers to anyone who has been injured through no fault of their own. In cases such as these, a plaintiff filing a lawsuit does not have any named defendants. Instead, the plaintiff files a lawsuit with no identifying defendant until the date of trial. At that point, if a settlement agreement has been reached then the plaintiff can reveal the identity of their defendant, if any.
John Doe Lawsuits
In instances when an individual files a lawsuit with no identifying defendant, they can still sue the media for defamation. If the media does publish statements that are found to be defamatory statements, the plaintiff in a defamation lawsuit has the right to sue for monetary damages. Such monetary damages are typically assessed by the courts in a separate case to any damages awarded in a personal injury lawsuit.
If you have become the victim of a defaming statement, it is important that you consult with an experienced litigation professional who can provide you with the appropriate advice. If you have suffered a defamation claim and would like to pursue it in court, it is vitally important to consult with an experienced media law litigator who has experience in representing plaintiffs in these types of lawsuits. You may also wish to consult with a John Doe lawsuit expert to learn about the tactics that are commonly used in defamation lawsuits. A pro tip for you: you do not want to hire an entertainment law firm to represent you in a defamation lawsuit.
To prove a defamation claim in a John Doe lawsuit, a plaintiff must establish that the defendant is publishing an untrue statement about him or herself in the online medium. To establish this, the plaintiff will need to provide evidence that the defendant either knew that the statement was false at the time it was published or that he or she somehow knew beforehand that the statement was false but did not say anything about it. A plaintiff may attempt to establish a defamation claim based on anonymous internet posters. To support his or her claims, a plaintiff will need to show that the defendant knew or should have known that the poster’s statement was false, and failed to speak out against it.
In many cases, the plaintiff will obtain a John Doe lawsuit summons. The summons will serve as the initial legal discovery given to the defendant by the plaintiff’s attorney. This discovery gives the defendant an opportunity to either decline or respond to the complaint. If the defendant fails to appear, the plaintiff can issue subpoenas demanding certain information regarding the defendant’s current whereabouts. Once the plaintiff obtains this information, they can depose any person who can corroborate the information provided to them and use it in court.
After the plaintiff sues a defendant for defamation, he or she must prove two things to win the case. First, the plaintiff must establish that the defendant knew that the statement was false or should have known that the statement was false. Second, the plaintiff must establish that the statement was made as a direct result of conduct constituting libel or slander. If the plaintiff fails to meet these requirements, the plaintiff must move for a new lawsuit, known as a John Doe lawsuit. This action is similar to a civil lawsuit, except that it involves an anonymous party filing suit against another anonymous party for damages.
