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In this video, we’ll look at how Marriott and its co-Defendants will attack Michael Irvin with his own social-media posts in his defamation lawsuit.
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You’ve probably heard the line: “Anything you say can and will be used against you in a court of law.” This is part of the Miranda Warning. Although this warning is typically given to criminal suspects, parties in civil cases like Michael Irvin’s defamation suit should heed this warning as well. If you’re a civil plaintiff or defendant, anything you say-especially on social media-can and will be used against you in a court of law.
Defense attorneys will often scour a plaintiff’s social media looking for anything that may contradict the plaintiff’s allegations or call their credibility into question. That’s especially true in cases where the plaintiff is seeking damages for mental anguish, emotional distress, and loss of enjoyment of life.
Michael Irvin’s Complaint states that he is seeking damages for “humiliation . . . undue stress, anxiety,” and mental “anguish.” During Irvin’s first press conference after the NFL network and ESPN indefinitely suspended him from television, Irvin was clearly distressed and fighting back tears.
Host of ESPN’s First Take, Stephen A Smith, said that he talked to Irvin every week after the incident. He said that, in Irvin’s mind, he was “fighting for his life” because somebody cost him his career even though he’s done nothing wrong. Stephen A. explained that he "heard" and "saw" Irvin cry while "emphatically proclaiming his innocence."
In a Tweet earlier this month, Irvin revealed that he was traveling in Brazil because he was “in a dark place dealing with all that stuff since Super Bowl,” and he just “needed to get away.”
Despite this evidence of mental anguish, Marriott the other Defendants in Irvin’s defamation lawsuit may try to use other social media posts to undermine and contradict his contention that he experienced mental anguish, humiliation, undue stress, and anxiety.
To illustrate this point, I'll review two opinions in which courts granted the defendant full access to the plaintiff's social media accounts because the plaintiff's public posts called into question their allegations that they had suffered mental anguish, emotional distress, and a loss of enjoyment of life.
Then, I'll explain how Marriott and its co-Defendants may try to use Irvin's recent social media posts against him in his lawsuit.
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