So, let’s tell the entire story and YOU, the READER can be the judge:
First his cease and desist letter (and pay attention, CF, this guy did it right, only problem is his client doesn’t have a good enough reputation to get any damages and the “true” articles on his behavior are worse–Google doesn’t lie).
ASHMAN & STEIN
ATTORNEYS AT LAW
150 NORTH WACKER DRIVE
SUITE 3000
CHICAGO, ILLINOIS 60606
June 11,2013
via USPS and email
joanne@denisonlaw.com.
Ms. Joanne Denison
Denison Law
1512 N. Fremont Street, Suite 202
Chicago, II 60642
Re: Libelous Statements contained in blog posts
Dear Mr. Ditkowsky and Ms. Denison:
TELEPHONE
(312) 782-3484
FACSIMILE
(312) 782-4279
Please be advised that we represent Mr. Eric Rothner in connection with his claims
against you respecting the statements contained in the blogMaryG.Sykes.com., which is held out to the public as an “attorney blog fighting for the rights to free speech, integrity, honesty” and other rights.
We have leamedofstatements posted on the blog on or about March 17,2012. Under
the headline of “How the nursing home industry bilks the State of Illinois millions per year,
billions per decade,” Ken Ditkowsky asserts that “I also know that the Fed hauled … Mr.
Rothner before a grand jury” for alleged overcharging. Your choice of words, moreover,
is particularly calculated to smear and cast Mr. Rothner in a false light. The notion that Mr.
Rothner was “hauled” to a grand jury conjures the picture ofhim being placed in custody and transported to the bar of justice.
This statement is false. Mr. Rothner has never appeared before any grand jury,
voluntarily or involuntarily, for any reason, at any time. You had actual knowledge that your
statements to the contrary are false, or you published same with reckless disregard of the
truth.
Mr. Kenneth Ditkowsky
Ms. Joanne Denison
June 11,2013
Page 2
This falsehood, intentionally or recklessly published and disseminated to a wide
audience, and calculated to injure Mr. Rothner’s reputation and business practices,
constitutes libel per se. Your tacked-on legal disclaimer does not immunize either of you. The fact that you post (in little-seen boilerplate, many pages after the screaming headline and false accusation) that no one has been arrested or convicted of a crime does not give you license to publicly disseminate falsehoods about an individual’s business practices or reputation.
Your so-called dedication to “integrity and honesty” apparently is as phoney as the
false charges you publish.
Demand is therefore made that you:
1. immediately remove this libel and all other falsehoods from these posts; and
2. formally retract same and issue a sincere statement of apology directed to Mr.
Rothner.
Nothing herein should be construed as releasing, waiving or limiting any of our rights
or remedies under law.
Please contact me by June 17, 2013 to discuss the language, format and placement of
the retraction and apology.
Sincerely,
GDA:mr
c:\users\garysec2\docs\Rothner\6-11-20 13 Itr to Ditkowsky and Denison
From: Gary Ashman <gdashman@ashmanstein.com> [Edit Address Book]
To: ‘JoAnne M Denison’ <JoAnne@DenisonLaw.com>
Subject: RE: Libelous Statements contained in blog post
Date: Jun 12, 2013 11:07 AM
Thank you. Your statement should be:
“An earlier post that we published wrongly stated that Mr. Eric Rothner had been hauled before a grand jury for alleged overcharging. This information is false. Mr. Rothner has never appeared or been summoned to any grand jury, at any time, for any reason. We retract the statement in full, and we sincerely apologize to Mr. Rothner and his family.”
Please let me know if you have any question in this regard.
Gary D. Ashman
Ashman & Stein
150 North Wacker Drive
Suite 3000
Chicago, Il 60606
Phone: 312/782-3484
Fax: 312/782-4279
gdashman@ashmanstein.com
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged (including attorney/client and/or attorney/work product privilege). It is not intended for transmission to, receipt, or review by unauthorized persons. If you have received this transmission in error, please delete it from your system without reviewing or copying it, and notify the sender by e-mail or by calling Gary D. Ashman (312/782-3484), so that our records can be corrected. Thank you.
The kicker:
see this:
a far worse article linking Rothner nursing homes to fatal bedsores, closed nursing homes, etc.
If anyone else has any articles to link to, please pass them along.
Again, Mr. Rothner, can you start doing something GOOD in the world, and for the elderly in particular, for example start funding those who speak out informing people of their rights and how to HELP the elderly and not harm them, get a table for probate rights on the 18th floor and advise people of their rights, fund some civil rights litigation to let people take notes in circuit court, etc.?
I have published your retraction you wanted, now start DOING SOMETHING GOOD.
MaryGSykes.com 