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Saturday, January 16, 2010

Curt Schilling's defamation action

Well, the inimitable gaffe-mistress Martha Coakley has done it again. After ridiculing her opponent, Scott Brown, for "standing outside Fenway Park? In the cold? Shaking hands?", she has now called famed Red Sox pitcher Curt Schilling a Yankee fan.

Schilling may have a cause of action here. It is slander per se (no need to prove damages) to make false allegations injurious to another in their trade, business, or profession. Schilling has retired, but if he makes money from speaking tours, promotional items, etc., that income would surely suffer if people believed he was a secret Yankees fan. The only question is whether anyone (besides Martha Coakley) would be foolish enough to believe it.