B.F. Shaw Printing v. Skinner [1]

B.F. Shaw Printing, the Northwest Herald’s parent company, filed a lawsuit against Cal Skinner Jr.,  a local blogger, for alleged defamatory comments, regarding the Herald's past funding and supposed political bias, that he posted on his blog.

Shaw's three-count complaint claims defamation, false light, and commercial disparagement arising from a June 3 post "Borrowing on Borrowing [2]" on Skinner's blog, mchenrycountyblog.com. The post, repeated in Shaw's complaint, read in part (Compl [3]. Count I ¶ 4):

[W]ho could forget the multimillion loan to the Northwest Herald at sub-market rates. . . . the NW Herald was not an 'in extremis' condition then. The excuse for loaning the money was to keep the county newspaper from moving out of the county. The real reason was to put the paper in the back pocket of the Republican Party. (Anyone want to deny the strategy worked?)

Shaw's complaint states that it “has never been the recipient of any loan, from any public body, at market or sub-market rates “ (Compl [3]. Count I ¶ 7), “is not, and never has been, ‘in the back pocket’ or under the control or influence of the McHenry County Republican Party” ( Compl [3]. Count I ¶ 8) and “is not now, and has never been ‘in extremis’ condition.” (Compl [3]. Count I ¶ 9). Shaw claims that Skinner's statements "impugn the financial and editorial integrity of [the Northwest Herald]" and they "constitute defamation per se." (Compl [3]. Count I - ¶¶ 20, 22).

Skinner, in his answer [4] to the complaint, admitted to writing the post and claimed that his statements were true. (Answer [4] at p. 10). He attached a copy of Resolution R-8511-02-86 from the McHenry County Board, which he claims shows that “the plaintiff was a participant in and beneficiary of a $2.6 million dollar loan, with interest at 80% of prime, from the McHenry County Board.” (Answer [4] describing Ex. 1).

Skinner also offered 14 additional affirmative defenses including: failure to mitigate, unclean hands, failure to state an actual injury, and fair reporting privilege for “statements relat[ing] to matters of governmental affairs.” (Answer [4] at p. 12 – 13).

Skinner countersued Shaw for bringing a frivolous suit, defamation, and false light. Skinner claims he was defamed by an article published by the Northwest Herald concerning the original lawsuit,  [5]"Northwest Herald's owner sues blogger, claims defamation. [5]" The article, according to Skinner, “essentially parroted the allegations set forth in the lawsuit, but also contained the following . . . statement: Northwest Herald Publisher John Rung said Skinner’s assertions were ‘reckless and completely fabricated.’”(Answer [4] at p. 22-26). 

Update:

1/29/10 - press accounts report [6] a settlement.