The surprise settlement of the 14-year-old libel suit that Dan Boyce and his family filed against Attorney General Roy Cooper and some of his campaign staffers is mostly, but not entirely, good news.
It’s certainly good news for the parties, their lawyers and the judges and administrators of North Carolina’s court system, all of whom have devoted far too much time and energy to a case that never should have been filed or that should have been dismissed or settled a long time ago. The settlement spares everyone involved of the uncertainty and stress of one or more trials and who knows how many ensuing appeals.
It’s especially good news for the plaintiffs, who got something from Cooper they never could have gotten from the courts: an apology, albeit of the kind that my mother, who spoke primarily in Southern aphorisms and metaphors, might have called “left-handed” or “a pretty sorry ‘sorry.’” No matter how you characterize it, the Boyces and the Isleys can crow about it if they want to, and some of them surely will.
It’s also particularly good news for Attorney General Cooper, because it defuses a potentially explosive mine from the road to the 2016 gubernatorial election and enhances the likelihood that he will be able to pre-empt the field of potential Democratic candidates.
It’s bad news for people for whom fiercely contested courtroom battles are a favorite form of free entertainment. A trial would have featured some of North Carolina’s most skilled, experienced and – particularly in the case of Dan Boyce’s father, Eugene Boyce – colorful attorneys going toe-to-toe over complex issues of First Amendment law.
Finally, the settlement also is bad news for the state of libel law in North Carolina, because it forever forecloses any opportunity for the North Carolina Supreme Court to repudiate and correct an egregiously wrong decision by a panel of the state’s Court of Appeals in 2002. That decision, which misinterpreted and misapplied well-settled principles of North Carolina defamation law, overruled a trial judge’s dismissal of the Boyce v. Cooper case and set it on the tortuous, expensive and needless journey that finally ended with the unexpected settlement. It also injected uncertainty and confusion into the field of North Carolina libel law, which already was arcane and complex and did not need additional the additional aggravation provided by the panel’s wrong-headed opinion. Despite widespread criticism of the decision at the time, the state’s highest court declined to review and correct it then, and has now lost forever the chance to do so. Thus, as I wrote ten years ago, in the North Carolina Law Review, the Court of Appeals’ opinion
. . . promises to become a peculiarly dangerous specimen of legal jetsam, cast adrift on the sea of the law and presenting serious hazards for judges and litigants who attempt to navigate the already confounding currents of North Carolina defamation law.