DEFAMATION: Cretella v. Kuzminski

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Previous Share Next. Both of these alleged scammers are among the lowest of the low, destroying writers' dreams and careers.


It is so important to the fight against literary fraud and other shenanigans that it would leave a gigantic hole if it ever shut down. If you cannot donate, please help by posting on your own blog or otherwise spreading the word. As summarized by site owner David L. Kuzminski: "Okay, just to further clarify matters. Cretella, III, Esq. Cretella is an attorney for PublishAmerica. If anyone needs the code, you can email me and I'll email back the code needed for pasting the button on your site.

Please email Dave for the button code, not me. Edited further to add : the result can be found here , however an appeal is being sought and funds are still needed for that purpose. Tags: agents , self-publishing , vanity press , writing. I found you on Absolute Write. I hope you don't mind that I added you I need more writerly friends Reply Thread Link. Hi and welcome! That's just fine. I actually add a lot of writer blogs as "friends" if they look interesting, without necessarily knowing the people. Reply Parent Thread Link. He's a hypocrite.

He is a slandering hack and I hope he loses all.

Defamation, Slander & Libel Explained by an Employment Lawyer

Dave told me you can email him with such complaints. If so, I think you should reveal your identity. Try to keep your comments civil, and try to support your accusations with specific facts. Otherwise, I'll probably stop unscreening your comments. Let the courts decide. He has done a good job, no doubt. Unfortunately, he's developed a set of double standards. I don't have anything to prove to you on this matter. I am the court will find this out. We've grown accustomed to the name calling, innuendo and outright slander that has been a proliferating constant with some "watch dog sites.

Look it over.

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It's one long series of "he said, she said" rhetoric without much real substantiated, actual evidence. As for the name calling by the fools on this blog, all I can say is most of your entire literary lives are nothing more than a grammatical trainwreck. You're nothing more than a group of no-name hacks who never did anything but take from literature. You're like arrogant, cackling crows eating garbage and dung.

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You can't do anything constructive or good with the writing art, so you spend all your sick time slandering others on pathetic loser sites like this piece of garbage site. And if I want to remain anonymous, that's my business, fools. Make more accusations.

More slander suits will develop. It's only a matter of time. Ha ha ha ha. Once again, I'm asking you to be specific. Otherwise, your vague babbling about slandering hacks and your refusal to name any names pretty much speaks for itself.

Defamation: Cretella V. Kuzminski: The Case Against Preditors & Editors David L. Kuzminski

Jamie; I have never commented on this site before, I hope I don't offend by sticking my nose in. My name is Ray, I have a book that just came live yesterday. I am waiting to see just how wrong I can be. I became involved with the New York Literary Agency,.. It is my belief that anyone who has adverse to say of them is obviously either not well informed or mentally short in the field. I am published now on iUniverse and it has cost me just over seven grand to get my book in print. At every turn of the page iUniverse offers me a new "service" at a higher cost. I am wondering if this isn't a bit overpriced for a fantasy.

I'm sorry to hear about your troubles. I hope your career takes a turn for the better in the future.

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Thank you for your well wishes. This wierless keyboard skips like a schoolgirl, so I apologise for any errors posted. Incidentally, your first sentence is a gramatical trainwreck, but it is the second sentence that requires some comment. A 'hypocrite'? How, pray tell? Specifically, Defendant's statements suggest that Plaintiff was an incompetent attorney, causing embarrassment to his employer, and that Plaintiff was in danger of losing his professional license.

Cretella v. Kuzminski

Obviously, such statements directly and adversely affected Plaintiff's reputation as a professional. See Cretella v. Kuzminski, No. May 29, ; see also Carwile v.

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Richmond Newspapers, Va. However, as discussed in conjunction with Count I, although actual damages are presumed for per se defamatory statements, such a standard does not allow for an award beyond what can be reasonably attributed, at least to some foreseeable extent, to Plaintiff's actual loss or harm as a result of the statements. As with the Count I claims, Plaintiff testified that the statements by Defendant regarding the reasons behind Plaintiff's change in employment embarrassed him, and caused him anxiety for fear that his friends or family would gain access to the statements on the internet.

While Plaintiff's actual damages should account for his professed anxiety, the award must also reflect that no tangible harm was caused by documented incidents of the posts being accessed by friends or family without them having been specifically directed to the postings. Furthermore, Plaintiff testified that the statements adversely impacted on his job search when he had decided to leave the law firm in early , and presented expert testimony that these statements would harm any future attempts to secure other legal employment. In reviewing the actual damages claims, the Court notes that the statements in Count II were made on May 4, , several months after Plaintiff had already decided to accept the in-house counsel position with PublishAmerica.

Thus, the actual damages awarded must be based solely on the prospective harm that the comments would have on Plaintiff if he sought different employment in the future upon vacating his position at PublishAmerica.