I once represented the Chief of Staff for the Governor of the State of California. He had a defamation lawsuit against the Lieutenant Governor, who was from the other political party. The merits of the case were really secondary to the hurt feelings on both sides. Opposition counsel was Ed Masry, who was played by Albert Finney in the movie Erin Brocovich.
Needless to say, all of the judges who saw the case found ways to duck the case, seeing only political downsides in hearing it on the merits. Masry and I crafted a solution: each side would write a letter of apology to the other, which was not to be shared with the press. Neither combatant was thrilled with the idea, but it was a smart way for each of them to get the hurt behind them. Now I see that Reeves Nelson is suing SI for defamation, based on an article in SI that mentioned Mr. Nelson committing a few less than flattering acts. First, SI is going to have all of the constitutional defenses that publications enjoy. Second, with all of the interesting characters in pro sports, Nelson will likely have a hard time proving damages if it gets that far…in other words, if he has the talent, he will be drafted. Why not save the grief and legal fees, craft an early non-monetary resolution to the suit and get back to playing ball?