Michael Gaffney’s civil lawsuit against Turtleboy Sports that accused the online blog of fraud and libel was dismissed, and, after Mr. Gaffney filed a recent motion asking the judge to reconsider, it was denied Friday. Mr. Gaffney, a lawyer and former Worcester city councilor, sued co-defendants Aidan Kearney of Holden and Turtleboy Digital Marketing LLC and Turtleboy Enterprises LLC of Worcester in December 2017. Mr. Gaffney accused the defendants of libel and overstating its readership. Mr. Gaffney once bought advertising from the blog. The blog at one point endorsed Mr. Gaffney and his candidacy for the city council, but later revoked its support. Mr. Gaffney’s complaint centered on a pair of Turtleboy Sports blogs about Mr. Gaffney in November 2017 and one from January.
Regarding the claim of libel, Judge Gerald Lemire wrote in his decision that statements of opinion are constitutionally protected and “thus are not actionable.”
Further, the judge found that Mr. Gaffney is a public figure and the legal standard for libel was “heightened.” The judge said Mr. Gaffney had to show the statements were false and made with malice.
To Mr. Gaffney’s argument that he was defamed, the judge ruled that the blog’s statements were constitutionally protected expressions of opinion, based upon the medium in which they were made and the audience for which they were published. Nor, too, could Mr. Gaffney’s allegation of negligent and intentional infliction of emotional distress be established. The judge cited Supreme Judicial Court case law that found “when statements are non-actionable opinion one cannot establish the derivative claim of intentional infliction of emotional distress.”
Finally, to Mr. Gaffney’s allegation the blog committed fraud by representing it drew more than 1 million page views monthly, the judge noted that Mr. Gaffney had advertised with the defendant since 2015. On March 1, 2017, the parties agreed for advertisement to continue at $300 per month for six months. The judge said Mr. Gaffney hadn’t inquired about the number of page views the defendant’s blog received monthly, which was at a time “the plaintiff was writing blogs for the defendant, and the defendants were supporting the plaintiff politically and professionally in their blog.”
Mr. Gaffney, in turn, expressed support for Turtleboy Sports and even inquired about purchasing the blog at that time, according to the judge. Mr. Gaffney filed a motion for reconsideration on Oct. 15, indicating Turtleboy’s Jan. 5 blog stated it had 1.2 million page views, which Mr. Gaffney said contradicted the defendant’s affidavit that no conversation took place concerning page views, and that the defendant’s testimony contradicted his affidavit. But the judge was unconvinced and denied the motion.
Ouch!! Things keep getting worse for Milky Mike. At least he’s still got Coreen though right?
Look at the bright side Mike, at least you don’t have to keep flying up here from Florida or Dallas or wherever you’re squandering in irrelevance now. You’ll have way more time for squats.
And you won’t have to chop down half the rainforest to print out whatever all this was.
22 Comment(s)
Boy did Mike Gaffney really drop the ball. And I mean REALLY drop it. Down into the drain and ten feet deep in pure raw sewage. You were a curious spark of hope in city hall and had the potential of making real change in this city. Now you completely blew it over acting like an sjw-ridden manchild. We’ll most likely never see another candidate challenge City Hall the way he did for a long ass time. What a waste. Thanks for nothing Mike!
Live your life move on. He did something right, moving out of Worcester.
Lawyer dudes got a serious case of the eye baggies. Dude looks like a 75 year old lady.
Oh yea rhymes with oh gay. It’s oh yeah. For Christ’s sake Turtle! Learn some basic English!
Fuck you, Mike. Learn how not to cheat on your wife with a failed anteater/human hybrid, you chubby faggot.
So he’s gonna appeal and spend thousand of dollars to like get paid the $0 in damages he can’t prove? Sounds like a plan, but as Booby Burns reminds us ” the best laid plans of mice and men gang aft agley”.
Deformation can get you six months in Fort Devens. LOL! No it can’t.
I went to school with a Jessica Collins in Milford. This chick gave the most awesome cornhole chums with the speed jerk reach around in high school. I am serious, your stool would loosen all up and she get yah to blast like the fucking Mt St helena volcano. Of course, you walk out of her house with a sticky wet pair of undies and feel like you ate 3 brans muffins that morning. Even coke can replicate that feeling. I miss her.
Gay.
Well, it’s pretty clear that turtleboy doesn’t know jack shit about the court system, if he thinks Gaffney lost “his appeal”. He lost a motion to reconsider, not an appeal.
Maybe your free lawyer can explain it to you. Or maybe your disbarred lawyer can. (He’s been reinstated you know).
So I’m wondering if Gaffney’s going to actually file an appeal, or if there are enough people knocking on his door to sue you to keep him busy.
Hopefully, he’ll take a page from Lauren Larson’s lawyers’ playbook.
You’re so fucking clever, there’s no way anybody is going to know you’re Mike Gaffney.
I’ll keep it on the down low.
This person’s brain power is equal to a lobotomized jelly fish.
Looks like the lead singer for Buckcherry is in the final stages of Hepatitis D from that smack habit…
Never mind. It’s Gaffney’s cumsock, Jessica Collins.
Jesus skeet shooting Christ, Mike is a glutton for punishment. I wouldn’t poke that thing with a stick.
That is one huge fucking proboscis on that creature. I’m losing blood just looking at it.
mountan dew just came out nose fk
My future children would look quite nice all over her face..
Indicted for what? Exposing stupidity in public?
What kind of an idiot would sue TB.
Like, 10 people know who TB is.
I am TB
I am Turtleboy.
I am…what, wait…who am I?
Whateva you is, shut them damn legs. I’s tired of dustin’ the furnitcha.