Dentist loses suit after fmr. patient criticizes him online
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LAKE OSWEGO, Ore. – A dentist, who sued a former patient for defamation, had his lawsuit thrown out Thursday.
A judge decided the critical comments made on review site YELP.com and other sites were free speech.
"I'm disgusted. I'm actually really disgusted," said dentist Mo Saleh, who tried to sue his former client, Spencer Bailey, for defamation after finding negative reviews on the Internet. "The reason I'm risking opportunity and risking this negative exposure is because I feel that this is wrong."
But a judge threw out the suit before it got very far.
"When we walked into this courtroom, we didn't walk on equal footing because of the Anti-SLAPP law," Saleh said.
The "SLAPP" in the Anti-SLAPP law stands for Strategic Lawsuit Against Public Participation.
Businesses can sometimes file those suits to quiet criticism. But the Anti-SLAPP law can be a friend to those who are taken to court, giving them free speech protection when they make comments in a public forum and concern a public interest, which a site like YELP seeks to serve.
"It's not easy to be sued and dragged into court," said Jeremiah Ross, the attorney who represented Bailey. "Just as we anticipated, they couldn't prove their case because it wasn't a defamatory statement."
Still, Saleh may appeal believing the online criticism was meant to harm him and not simply to inform the public.
"I teach my kids to stand up when you’ve been wronged, and I think that's absolutely disgusting what happened today," he said.
One of the comments Bailey was accused of making was, "If Saleh finds a cavity, get a second opinion and get it filled by someone else."
Saleh was seeking $300,000 in damages.
Good, a victory for free speech! This was probably dismissed as the government hates competition.Â
It is not only YELP Â You can type in dentists, doctors, company names and get reviews on just about any of them. Â Some are positive...some are NOT. Look at the restaurants that got named ON TV today for Their problems with sanitation...think they Loved that? Â But it was factual, not aimed to destroy their reputation but to let customers know. Â And the restaurants cleaned up their act and got better ratings so...a Dentist could ALSO try to improve and even solicit comments once he HAS changed whatever was being complained about.Â
All of us posters here will be Sued ......LOL
Now you know atleast one Dentist Not to go to !!
"Word of mouth"....literally! Hey, people post on Yelp so that they can inform about good service or bad service.Â
"If Saleh finds a cavity, get a second opinion and get it filled by someone else."
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i can see how that sounds like he's encouraging people to have the work done elsewhere. but there's no reason why
Sorry Doc... people are entitled to their opinions and are allowed to share them. Â If you don't like what they said, then respond to it on the website and let people make up their minds as to who was right. Â I'm not saying that you fit into this mold, but some dentists think the DMD after their name stands for "Declared Medical Deity." Â A negative review aught to cause you to do some introspection. Â Are you sure you not only did everything right, but treated the patient with respect and dignity? Â The fact that you ran out to file a lawsuit sort of speaks volumes about you.
Not sure where the "free speech" argument comes from. Hopefully it is some KATU reporter getting confused, and not from a sitting judge. The first amendment has very little impact on "commercial speech", it is aimed at preventing the government from passing laws limiting citizen's rights to criticize the federal government. it has been extended to cover state and municipal governments as well. The only real free-speech ties to commercial speech are laws that limit a business from communicating. A common example was an overturned law to prohibit liquor stores from advertising prices.
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Criticism of a business is more of a tort matter, and you can be held libel for damages if you defame the reputation of a business. If you get 50 of your friends to all write bad reviews against a business based on something that only happened to you-you could be sued by the business. There is no right of free speech in this case.
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However, if you write an unfavorable review of a business based on a factual statement, and the business responds by attempting to intimidate you with a big lawsuit and potential court costs, this triggers the anti-SLAPP laws.
I hope the dentist is able to calm down and control himself. If not, he might end up on the a**hole files, then he'll really be sad. Â Â
http://www.m4040.com/assholefiles.htm
I'm in the bar/restaurant business and am in management,I find amazing how people can get soooooo bent out of shape over the smallest thing.It's almost like some people walk in the door looking for a fight or confident that if the complain and make a huge scene over nothing that they will get stuff for free.Even when you bend over backwards to make everything right and even give them gift certificates they still takes to sites like Yelp to somehow get even.even so far as mentioning the server's name.It still is a issue of free speech however.I can't imagine going after everyone who has posted a bad review.If you are truly running a successful business and you bend over backwards to make the customer happy,the good reviews always outweigh the bad reviews of either restaurant snobs or people who go through life with a chip on their shoulder. Additonally even though my apartment complex had a lot of bad reviews from disenfranchised renters,besides the fact that there are a lot of kids,I really love my apartment.
 @noneofyourbizzness One of the things I like about Yelp is that the business can respond to criticism.  I get suspicious of haranguing reviews or even one polite but bad review among many good ones (or vice versa).  I've seen business reply with "this is what actually happened - the customer was awful" and "I'm sorry you had a bad experience let us make it up to you".
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I'm sure there are loopholes and I don't just go on Yelp's word alone but that setup seems like the right idea to me. Â Â
Perhaps if he would just do his job right then people wouldn't complain.
I am surprised Sony hasn't tried this.
From story above:
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'WWhen we walked into this courtroom, we didn't walk on equal footing because of the Anti-SLAPP law," Saleh said.'
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Really - did he really double up the 'W'?
Wow. Look out libel - this ruling is now in your favor.
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Yikes.
I love it! All you professionals that feel totally protected now have to be held accountable or risk everything. It should be this way and I think veterinarians should start getting the exposure they deserve. Many veterinarians are in practice because they can make big money by running their practice just like the lawyers do, you have a couple minutes with the customer and then have the low paying desk help fill and file the papers and all of a sudden the vet collects your money and the process rolls until the customer can't take it anymore. The first thing out of most vets mouths these days is "well, we will have to do some lab tests"! Please bring a fecal sample so we can smell it with our expensive machine we share with our old vet school friends.
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What I found to be a change from the old days is the vet (like the lawyers) have a rubber stamp with and the fat chick at the counter just stamps a few forms with your name on it and the mail box starts a-fillin' up with your new debt, ain't that just too f..ing cute?
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 @ThePosterFormerlyKnownAsPhredE Yes ThePosterFormerlyKnownAsPhredE !
Uh, do you have a nickname?
 @swimbad  @ThePosterFormerlyKnownAsPhredE Lol, Nice to see you, and see that you're up to your normal antics, Swimbad.
 @ThePosterFormerlyKnownAsPhredE I haven't forgotten ya, you are always square and that is all I look for in anyone, I just phelt like funnin' with ya! It's always my pleasure to see the real cats. That, reminds me of the great Badcat, another cool cat. I guess with my mood I better youtube  "Stray Cat Strut'"Â
http://www.youtube.com/watch?v=hS3Yf45YSP8
 @Lips  @ThePosterFormerlyKnownAsPhredE Did you know the sexiest part of a woman is her lips? of course you do! Hi Lips :-)
 @ThePosterFormerlyKnownAsPhredE  @swimbad Okay to call you Prince PhredE? =)
 @swimbad Under IntenseDebate, I was PhredE.  So, after the huge Backfyre change, I was at a loss for a new nick, and decided I would take the 'Prince' ("TheArtistFormerlyKnownAsPrince" - I think that's correct) route.
I know, it's sorta stupid, but then again, I don't take all this too seriously.
I wish I could fix a few words BUTT THE EDIT BUTTON IS NOTÂ AVAILABLEÂ !!!! KATU, you promissed!!!
 @swimbad they promised that they would fix the sight with regards to the Android devices as well...
 @lee986321  @swimbad Sounds like time to post a complaint on YELP....Â
@lee986321 @swimbad I detest livefrye.I really enjoy this forum because it's the same group of people even though I disagree with many,it's kind off like a Internet family.I probably spend too much time here and I admit I'm a internet addict.I feel disenfranchised that I can no longer post comments on the go on my iPhone.One would think that Fischer broadcasting would have a system that supports 21st century technology.Because I cannot edit,I end up making grammar mistakes after I posted the comment.Not to mention I can't sign up with a direct account with KATU for some strange reason so I have to sign on with google which at times doesn't work.
 @swimbad Hey, it's called Backfyre for a reason!!
@swimbad  you can cut and paste your post to the clipb board, delete your post. Open a new post paste your old post to it and revise/correct as desired.
 @kramr Did I forget to mention the CAMO BLACK EXTRA @ 12.2%?
 @kramr Yes, but my RockStar (Double strength/no carbs/no calories/blue can) is wearing off!
I actually routinely use sites such as Yelp, PissedConsumer, FoodBites...when I feel the need. And anyone who swears by the comments on Angie's List is in for a rude awakening. Do you know how easy it is to write and get paid to write, reviews??? All from people who have never used the company? I wrote reviews for my employers company for a few years...it's very easy to do. So if this guy wasn't doing his real dental duties....his client had every right to go to a site like Yelp and complain about it.
 @Bewitchin1 Actually, Angie's List at least used to call and verify at least the first reviews--even though they have paid members. i have had good success with them in major service categories. OTOH, I agree with you assessment of Yelp and others who pretty much accept everything with no followup at all. Except for restaurants where there are so many reviews that it would be hard to scam the process. My view is that whenever there are only a couple of reviews for a company in any category, then one or both are probably from personal friends, personal enemies or competitors.
 @Elmo  @Bewitchin1 .. When they went subscription, it the honeymoon was over
What part of free speech does this guy not understand? Welcome to America Mo!
Sounds like Mo Saleh should have thought about pursuing dentistry in oppressive countries that do not allow free speech. There are plenty countries out there, sir. Feel free to relocate your practice and pursue your own version of dental excellence somewhere else. Â
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I hope Dr. Saleh has to pay a fine to this man for trying to defame someone who was simply pursuing his right to freely speak. Big time fin. Like $300,000 to Mr. Bailey. How about them apples, Dr. Saleh?Â
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So... I jsut went back to refresh myself on the original story... amazingly after a bunch of negative opinions there are 3 posts, all 22 days ago all defending old Mo-Larry-Curly guy, whatever his name is. Funnily, they are all at the same score, all have 5 likes received and 0 given... Hrm... one would wonder if maybe someone wasn't doing a little homemade creative spin on the "poor" dentist's side.
 @Peregrine or maybe he has other clients who actually like his practice and decided to speak up for him.
 @whirledworld And all just amazingly left the single comment, 5 people liked and then unliked thier comments exactly, all left thier comments in a row on the same day. Yeah... that must be it... why... I think I will vote for Obama now too!
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 @Solipsist01 Hahaha! - Live ones or dead ones?
 @Solipsist01 Good job with the profile pic, that's exactly what I thought of when I saw that story about him! HAHA
The SLAPP law is Anti dentite.
Another one  BITES the dust just remembering an old song here with extra loud singing on the bite part.
As long as the critique is factual and absent intentional malice, I fully support peoples' right to publish a review on line. Instead of suing Saleh should concentrate his efforts on becoming a better, more ethical dentist.
 @I812 Like Angie's list or something like it...Â
@cptmac11 Yes. I don't use Angie's list because it is a pay site but I have used other on line sites to get a general understanding of peoples' experiences. Most of the time the people that take time to write provide an accurate review although there are always a few exceptions. The more reviews the more likely an accurate picture of the business.
If the dentist was actually a good dentist in the first place , he wouldnt worry about one dissatisfied customer .. But no, I didnt say that ..
The dentist has done himself more harm than good ! I am so glad that I have a great dentist now.. Been to many over the years , and I had at least one who loved to hurt and belittle me when I was a child.. Plus he had breath that smelled worse than a rotting whale !
 @eeyore46 Thanks for noticing .....
Sorry couldn't help it...
GOOD!!!!!
I love the SLAPP law. It keeps those with lots of money and power bankrupting those with little money.