Baseball agent Casey Close has filed a federal libel suit against FOX Sports Radio host Doug Gottlieb after Gottlieb reported that Close never presented the Atlanta Braves’ final offer to Freddie Freeman, who was Close’s client at the time.
Bill Shea of The Athletic talked to two experts to get an idea of what we can expect from the case. Many of them agreed that the outcome could hinge on whether or not Casey Close and his agency are private or public figures.
The legal filing states that Close and his company Excel Sports Management are private figures. If the court agrees, libel would be much easier to prove.
“Courts generally look to the defendant to show that the plaintiff is a public figure,” said Len Niehoff, a University of Michigan law school professor who specializes in First Amendment and media law.
There is no easy answer to the question of whether or not Casey Close or Excel Sports Management are actually private figures. Close is often described as the former agent and personal friend of Derek Jeter. Certainly there is a familiarity with him and his clients.
Niehoff said it is possible that Close could be viewed as a “limited public figure” in this case.
“General purpose public figures are people whose profile is so high that the public cares whenever they talk about pretty much anything. Oprah might be an example. Limited purpose public figures are people who have voluntarily thrust themselves into a particular controversy. These days, when so many people have such a strong presence in social media and on the internet generally, we probably have more public figures than we’ve ever had.”
It will be up to the defense to prove that Casey Close is not a private figure.
Dan Lust, a veteran sports attorney in New York, said that the discovery phase of the case will be as interesting as anything we have seen in the sports law realm. However, he would be surprised if we get there.
“Almost every single case is going to settle before you get to trial,” he said.
Lust and Niehoff agree that it is too early to tell what strategy Gottlieb’s legal team may employ in his defense. Lust noted that if Gottlieb’s report can be proven true though, none of those options matter.
“Under New York law, it is well-settled that ‘truth is an absolute, unqualified defense to a civil defamation action,’” he told Shea. “If what Gottlieb said turns out to be true, he successfully defends (the case).”