Full opinion text
ORDER DENNIS W. DOHNAL, United States Magistrate Judge. This matter is before the Court on Defendant David L. Kuzminski’s Motion to Set Aside the Verdict. (Docket No. 67.) For the reasons set forth in the accompanying Memorandum Opinion, the Motion to Set Aside the Verdict will be GRANTED IN PART, DENIED IN PART and DENIED CONDITIONALLY IN PART, where the Court finds that the total, remitted amount of Fifty-Three Thousand Dollars ($53,000.00) in damages, both actual and punitive, is appropriate as follows: 1. In regard to the jury awards of actual and punitive damages— a. As to Count I, Defendant’s request for judgment as a matter of law as to both actual and punitive damages is DENIED, and his request for a new trial is DENIED CONDITIONALLY, dependent on the Plaintiffs acceptance of a remitted portion of the actual damages in the amount of Six Thousand Dollars ($6,000.00) and punitive damages in the amount of Five Thousand Dollars ($5,000.00); b. As to Count II, Defendant’s request for judgment as a matter of law as to both actual and punitive damages is DENIED, and his request for a new trial is DENIED CONDITIONALLY, dependent on the Plaintiffs acceptance of a remitted portion of the actual damages in the amount of Six Thousand Dollars ($6,000.00) and punitive damages in the amount of Five Thousand Dollars ($5,000.00); c. As to Count III, Defendant’s request for judgment as a matter of law as to both actual and punitive damages is DENIED, and his request for a new trial is DENIED CONDITIONALLY, dependent on the Plaintiffs acceptance of a remitted portion of the actual damages in the amount of Six Thousand Dollars ($6,000.00) and punitive damages in the amount of Five Thousand Dollars ($5,000.00); d. As to Count IV, Defendant’s request for judgment as a matter of law as to actual damages is DENIED, with his request for judgment as a matter of law as to punitive damages being GRANTED, and his request for a new trial is DENIED CONDITIONALLY on the Plaintiffs acceptance of the remitted amount of Six Thousand Dollars ($6,000.00) as to actual damages; and e. As to Count V, Defendant’s request for judgment as a matter of law as to both actual and punitive damages is DENIED, and his request for a new trial is DENIED CONDITIONALLY, dependent on the Plaintiffs acceptance of a remitted portion of the actual damages in the amount of Six Thousand Dollars ($6,000.00) and punitive damages in the amount of Eight Thousand Dollars ($8,000.00); 2. Defendant’s demand for a new trial on the basis of alleged misconduct by the Plaintiff, Plaintiffs counsel and/or error by this Court is DENIED; and 3. Plaintiff shall notify the Court and the Defendant within ten (10) business days of this date whether he accepts the remitted damages as to the remaining claims, or whether a new trial is to ensue. Let the Clerk docket this Order and accompanying Memorandum Opinion, electronically notify counsel for the Plaintiff, and forward copies to Defendant at his address of record. It is so ORDERED. MEMORANDUM OPINION This matter is before the Court on Defendant David L. Kuzminski’s Motion to Set Aside the Verdict. (Docket No. 67.) The relevant issues have been extensively briefed. The Court will dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court, and argument would not aid in the decisional process. For the reasons set forth herein, the Motion to Set Aside the Verdict will be GRANTED IN PART, DENIED IN PART and DENIED CONDITIONALLY IN PART, depending on whether Plaintiff accepts the remitted awards as determined by the Court herein. I. Factual Background Plaintiff, Victor E. Cretella, III (“Cretella”), filed the action in February 2008, alleging that Defendant, David L. Kuzminski (“Kuzminski”) had defamed him on several occasions in a series of web-postings he had posted on his personal web-page and on an on-line forum known as the Absolute Write website (www.Absolute WHte.com, hereinafter “Absolute Write”). (Compl. ¶¶ 6-15.) Specifically, Plaintiff alleged that Kuzminski had made several false and defamatory statements which included questioning Plaintiffs ethical conduct as a practicing attorney, accusing him of the criminal act of extortion, and stating that Plaintiff had been discharged from his employment with a law firm as a result of such conduct. (Compl. ¶¶ 6-15.) In response, Defendant asserted that he had not defamed Plaintiff, but had used constitutionally-protected and/or otherwise appropriate means to lodge complaints concerning Plaintiffs conduct in order to lawfully warn others of Plaintiffs actions. (Answer at 1.) Plaintiff is a licensed attorney who practices in the state of Maryland, and is currently employed as in-house counsel for the publishing company PublishAmerica, Inc. (“PublishAmerica”). (Tr. 56-57.) Before becoming employed at PublishAmerica, Plaintiff practiced law at a small law firm in Maryland. (Tr. 63.) During the course of his employment at the law firm, Plaintiff was introduced to one of the owners of PublishAmerica. (Tr. 64.) Plaintiff thereinafter accepted PublishAmerica as one of his clients in 2001, and proceeded to represent the Company in several matters, including contractual issues, intellectual property claims, and other legal issues related to the publishing business. Publish-America remained one of Plaintiffs clients through 2007, when Plaintiff left the law firm and accepted the position as in-house counsel with the company. (Tr. 69.) PublishAmerica is a publishing company that utilizes a digital press system. (Tr. 67.) A digital press system provides the capability to publish as many, or as few, publications as desired at any given stage. (Tr. 67.) Thus, with such a system, a publishing source does not have to publish a certain number of copies of a particular work in advance; but instead, it can determine the existing demand for the publication first, and then publish only the number needed to meet the existing demand. (Tr. 67; Pl.’s Ex. 51.) Such a system reduces the publishing company’s overhead costs and allows it to publish unknown authors who may not be able to attract the interest of larger publishing firms, or publish their work without being responsible for substantial fees. (Tr. 67; Pl.’s Ex. 50; Pl.’s Ex. 51.) As a consequence of using a digital press system, publishing companies like PublishAmerica do not typically “mass produce” the books that they publish, and as such, they do not engage in the type of broad promotion the way that larger publishing houses might. (Tr. 66-67; PL’s Ex. 51.) As a consequence, PublishAmerica emphasizes on its website to all of their new or potential authors that while they do sell their publications to large retailers such as Barnes and Noble and Amazon.com, the author bears the personal responsibility of promoting their own publications if they desire to be contacted by such large book retailers. (PL’s Ex. 51; Tr. 73.) From 2001 until his acceptance of an in-house counsel position with PublishAmerica in 2007, Plaintiff worked on various projects with the company as one of his clients, including author disputes, representing the company in arbitration proceedings, intellectual property cases, and landlord disputes. (Tr. 69, 92-93.) One such project, viewed by both parties as the impetus of this case, was a letter that Plaintiff sent on behalf of PublishAmerica to a Ms. Christine Norris, an author and Absolute Write website participant, in February 2007. (Tr. 70; PL’s Ex. 8.) Plaintiff testified at trial that he had sent Ms. Norris the letter because she had posted comments on the Absolute Write website in which she referred to Publish-America as a “scam.” (Tr. 74.) Plaintiff testified that the letter was meant to explain to her that her statements were false, and that they constituted defamation for which she could be liable. (Tr. 70; PL’s Ex. 8.) In his letter, Plaintiff also indicated that Ms. Norris should consult the PublishAmerica website where she would find that their policies and procedures were clearly outlined and quite proper. (Tr. 70-73; PL’s Ex. 8.) Ms. Norris did not respond directly to Plaintiff; rather, she posted the following message on the Absolute Write website board on February 7, 2007: ‘YOU HAVE TO BE KIDDING ME!! WTF? Tonight a courier shows up at my door. Inside is a lovely letter from our friend VCretella. Within, among a long list of my quotes from THIS MESSAGE BOARD, they tell me that I cannot call PA a scam. No. Seriously. They went to all of the trouble to look up my home address and paid a courier service to deliver it. I feel so special. Three pages of things I’ve said and why what I said is a lie. If I don’t cease and desist, that they will sue me. Oh, and that they’ve send [sic] a bunch of things I’ve said to the AG’s office. As if. I’ll believe it when the Feds show up. Yanno what, PA? Bring. It. On. I’m sure I could find a lawyer (or one will volunteer ... Jaws, you listening?) to take you on in court. Oh, and if I call them on the phone and discuss a ‘settlement’, they won’t file charges or seek the damages in ‘excess of $100,000’ ... OFFICIALLY, I believe PA to be a less than truthful about their business practices. I believe their sole purpose is to sell books to their authors, Instead of using the business plan of mainstream commercial publishers. This is clearly my opinion, based on facts and anecdotal evidence.” (PL’s Ex. 13.) Ms. Norris continued to discuss the receipt of the letter on the Absolute Write website, and it appears from the Record, although it is not entirely clear, that Plaintiff sent Ms. Norris a second, so called, “cease and desist” letter. (Tr. 75; PL’s Ex. 17.) After receiving the second letter, Ms. Norris posted the following message on the Absolute Write message board: I’m done. I don’t have time to play games with you, Vic. You send me another letter and I PROMISE you I will find the sharkiest lawyer I can and he will eat you for lunch. The people of this board WILL see that I can afford it. And you can bet your bottom dollar I will send a copy of every last thing you send me to the press, along with links to a thousand other places who echo what amounts to MY OPINION. For the moment, I’m gone. Don’t send me another packet full of photocopies from this board, full of other people’s posting where they ALSO say PA is a scam, and don’t threaten me for proclaiming what really amounts to my opinion, or you WILL see what kind of mess you’ve made. There are a thousand others where I leave a place. I have yet to figure out why you’ve targeted me at all! Maybe my lawyer will see how you like a harassment suit. Because I don’t have any money, I’m not worth anything, and I’m not a ‘big name’ you can discredit. So please explain it to me! What the hell did I ever do to you that a THOUSAND other people have not? You need better ways to spend your time, Vic. Leave me alone. I’ve got better things to do than deal with you and your piddlings. (Pl.’s Ex. 17.) In response to Ms. Norris’ post, several members of the website community expressed their concern and distaste for the letter, and several offered to assist her in funding legal representation of her if the situation escalated. (Pl.’s Ex. 17; PL’s Ex. 18; PL’s Ex. 19.) One such responder was Defendant David L. Kuzminski, an author, Absolute Write community member, and the administrator of the website Preditors & Editors. On February 16, 2009, in response to the discussion initiated by Ms. Norris’ correspondence with Mr. Cretella, Mr. Kuzminski posted the following message on the Absolute Write discussion board: I say it’s time to report Vic Cretella to the Maryland Bar Association for attempted extortion. Let them sort it out and decide whether that’s what he’s involved in or not. Let’s not forget his law firm. They might not know what he’s doing. They might not want the blackeye [sic] he’s giving them. (PL’s Ex. 19.) Approximately forty-five minutes later, on the same website, Defendant also posted a draft of an e-mail that he had sent to twenty-nine e-mail addresses, who he testified at trial he believed to be the addresses of the members of the Maryland State Bar Association legal ethics committee for the legal profession. (Tr. 196; PL’s Ex. 20.) In the e-mail, Kuzminski stated that “Mr. Cretella seems to be involved in what I would characterize as extortion,” and he informed the reader that he intended to report Cretella to the State Bar Association for disciplinary action. (PL’s Ex. 19.) Shortly thereafter, Defendant also posted a notice on the same message board requesting that, if other readers had “documentation about PA or Vic”, to forward the information along to the same e-mail addresses, or “offer to give it to the Maryland State Bar Association to use in considering whether to administer disciplinary action to dear ole Vic.” (PL’s Ex. 19.) During the same time period, Plaintiff decided to leave his job at the law firm where he had been employed for some time, and after a brief search, he accepted an offer as in-house counsel with Publish-America. (Tr. 79-80.) At trial, Plaintiff testified that he had felt as though it was time to leave the law firm due to his concerns about the firm’s operations and business plan, and that he wanted to “test [his] value in the market place.” (Tr. 77-78.) When Plaintiff then notified Publish-America of his decision to leave the law firm, they offered him the in-house counsel position. (Tr. 77.) Plaintiff testified that he did not accept the position immediately, because he wanted to see what other positions might be available, and because he had hired a “headhunter” to help him determine what career choices he had at the time. (Tr. 78.) The headhunter told him that that there might be one opportunity he could pursue, but Plaintiff testified that he decided not to because “he was getting nervous” and “started having second thoughts.” (Tr. 78.) Particularly, Plaintiff testified that he was worried because he had not engaged in such a job search before, he and his spouse were starting a family, and he had recently seen the postings by Mr. Kuzminski accusing him of extortion that he did not want to have to explain. (Tr. 78-79.) Thus, Plaintiff testifled that he was embarrassed that potential employers might search the internet and view the comments by Defendant questioning his integrity as an attorney, and that he decided to “go with a safe employer” by accepting the PublishAmerica position in which he knew he would not be questioned about the situation. (Tr. 79.) In May 2007, after learning of Plaintiffs transition from the law firm to PublishAmerica, Defendant posted an announcement on the Absolute Write website that Plaintiff had become Publish America’s general counsel. Defendant commented in the posting that the board members could “only speculate on how much embarrassment he caused his former employer but PA’s [sic] obviously thinks highly of him.” (Pl.’s Ex. 22.) Other members on the website also speculated as to why Plaintiff had made the transition to PublishAmerica, suggesting a potential rise in litigation by or against PublishAmerica. (PL’s Ex. 22.) Ms. Norris, for example, posted concerns that the change in employment meant that Plaintiff would be able to “threaten people unchecked now,” to which Defendant responded: Look at it this way. Without his former firm vouching for him to the State Bar Association, he might be just that much closer to losing his license. I think all of the letters of complaint we wrote to the authorities in MD might have actually had some effect. If that’s so, then we do it again the very next time he steps out of line again. (PL’s Ex. 22.) As the discussions about Plaintiffs career move to PublishAmerica continued, Defendant posted comments on several different internet discussion boards as to the reasons he believed Plaintiff changed his employment. In one such post he stated: Well, before Vic’s professional move, he was targeting a writer who frequents another board. In response, a number of writers sent emails to various lawyers in Maryland who look over ethics among Md lawyers and such. I also sent emails to over twenty such lawyers and included the law firm that Vic worked for at the time. I suspect his sudden change of employment might have been due to the backlash against his attempt to attack that writer. In other words, he’d been representing PA for a number of years now without any problems. There’s no other readily apparent reason for such a dramatic employment change. (Compl. ¶ 11; PL’s Ex. 35.) In another post on the Absolute Write website, Defendant again attributed Plaintiffs new employment at PublishAmerica to the incident with Christine Norris, and the complaints that had been made to the Ethics Committee: Vic had to leave his former employer after a certain party contacted the entire Ethics Committee for the Maryland Bar Association along with his employers after an attempt by Vic to extort payment to PA from an AW writer who expressed her opinion about PA on the AW site. (Compl. ¶ 14.) Defendant continued to participate on the message boards, while also writing on his own website throughout the course of the year, often commenting, or “reporting,” on PublishAmerica’s policies, author disputes, and offering input as a witness against PublishAmerica in an arbitration proceeding. One topic of discussion in which Defendant often participated was that of the arbitration proceedings involving PublishAmerica, and one of its authors, and contributor on the Absolute Write discussion forum, a Ms. Marie Pacha. In July of 2007, Marie Pacha discussed her arbitration proceedings on the discussion board, and voiced her opinion that PublishAmerica, with Plaintiff acting as their general counsel, had violated an arbitration provision in her contract with PublishAmerica. (Pl.’s Ex. 3.) In response to Ms. Pacha’s post, another board member expressed the opinion that he couldn’t believe that any lawyer would be as ill-prepared as Plaintiff, and that Plaintiff probably knew he did not have a winning case, such that he was ignoring the contractual provision in order to delay the proceedings. (PL’s Ex. 3.) In response to the posts, Defendant responded: “Seems to me ole Vic is demonstrating why he’s no longer with his former firm. I guess socializing only goes so far, doesn’t it, Vic? Somewhere along the line you actually have to produce.” (PL’s Ex. 3.) A few days later, on his own Preditors & Editors website, Plaintiff posted the following: PublishAmerica’s lawyer Victor Cretella infringing contract? This is what we’ve had reported to P & E. According to our source, Vic has infringed upon or is breaching the terms of a contract in regards to the Arbitration clause. So, is this how PA operates? They don’t honor their contracts or show any good faith even when it comes to negotiations and arbitration? In his original lawsuit, Plaintiff, proceeding pro se, alleged seven counts of defamation against Defendant based on his web postings on various web forums and on the Preditors & Editors website. (Docket Nos. 1 & 11.) Two of the Counts were dismissed by the Court on Defendant’s motion, with the remaining five to be resolved at trial. (Docket No. 16.) In a defamation case, a plaintiff has the burden of establishing at trial that: (1) the defendant made the alleged statement; (2) the statement was about the plaintiff; (3) The statement was seen or heard by someone other than the plaintiff; (4) the statement was false; and (5) the defendant made the statement knowing it to be false or, believing it to be true, the defendant lacked the reasonable grounds for such belief or acted negligently in failing to ascertain the facts on which the statement was based. (Jury Instruction No. 2, citing Mathew Bender & Co., Inc., Virginia Model Jury Instructions: Civil 37.020 (Lexis-Nexis Group 2007)). Before trial, the parties stipulated to the following for use at trial: 1.That the Defendant, David L. Kuzminski, “published” and otherwise authored or wrote the various internet communications attributed to his e-mail address as contained in the various exhibits offered into evidence; 2. That such internet communications as originated by the Defendant were received and reviewed by various third party members of the general public; and 3. That all copies of all written documents, letters, or other form of written communications as are offered into evidence are authentic copies. (Joint Ex. No. 1; Tr. 55-56.) Thus, the only issues remaining for the jury, beyond that of damages, was whether Plaintiff was the person spoken of in the alleged defamatory statements, and the intent or knowledge of Defendant when the statements were published. The trial lasted two days, and after hearing evidence from Plaintiff, Plaintiffs expert witness, and Defendant, the jury rendered a verdict in favor of the Plaintiff. On each of Counts One, Two and Three of the Complaint, the jury awarded Plaintiff $24,000 in compensatory, or actual damages, and $20,000 in punitive damages; as to Count Four, the jury awarded Plaintiff $24,000 in compensatory damages as well as $24,000 in punitive damages; and on Count Five, they awarded Plaintiff $24,000 in compensatory damages, and $32,000 in punitive damages. (Docket No. 63.) Defendant’s post-trial motion seeks, alternatively, judgment as a matter of law or remittitur that must result in a new trial if the Plaintiff declines to accept the remitted amount(s). (Def.’s Posh-Trial Mot. “Def.’s Mot.” at 1-6.) By the way, anyone who has had dealings with an attorney in Maryland who knows they are in violation of the law or their ethics code can file a complaint against the attorney using the information at http:llwww.courts.state.md.us/ attygrievance/complainhhtml. This site lists some of the sanctions applied to various attorneys. According to our sources, sounds like it’s time to report Vic for his behavior. (PL’s Ex. 1; Compl. ¶ 13.) II. Analysis In his motion, Plaintiff raises numerous issues, including complaints of misconduct by the Plaintiff before and during trial, as well as errors of the Court in presiding over the proceedings; and he argues that relief should be granted either in the form of judgment notwithstanding the verdict or, alternatively, that the respective verdicts should be reduced by the Court, presumably by remittitur. (Def.’s Post Trial Mot. at 1-5.) Plaintiff argues, in response, that Defendant’s claims are without merit, that the verdict was substantiated by the evidence presented, and that conduct by both Plaintiff and the Court were well within the limits permitted by the Federal Rules of Civil Procedure and applicable case law. (Def.’s Mem. in Opp. To Def.’s Post Trial Mot. “Def.’s Mem.”) As each of Defendant’s claims require an individual analysis, each shall be addressed in turn. A. Defendant’s Motion for Judgment as a Matter of Law and Alternative Motion for Remittitur of the Verdict. Construing Defendant’s post-trial motion liberally, given his pro se status, he essentially asserts that judgment be entered in his favor, as a matter of law; or alternatively, that the awards be reduced by remittitur due to the excessive nature of the jury awards rendered which, if declined by Plaintiff, would necessitate a new trial. (Pl.’s Mot. at 1-3.) As each claim involves a separate analysis, individual standards of review apply, and will also be addressed in turn accordingly. 1. Standards of Review a. Judgment as a Matter of Law pursuant to Federal Rule of Civil Procedure 50(b) Pursuant to the Federal Rules of Civil Procedure, a party who has moved for judgment as a matter of law at trial may, within ten days of the jury being discharged, renew the request for judgment as a matter of law, which may include an alternative request for a new trial. Fed.R.Civ.P. 50(b). In ruling on a renewed motion, a coxxrt has several options and may: (1) allow judgment on the verdict; (2) order a new trial; or (3) direct the entry of judgment as a matter of law on the claims. Fed.R.Civ.P. 50(b)(1)-(3). It is well established that a “Rule 50(b) motion should be granted if a district court determines, without weighing the evidence or considering the credibility of the witnesses, that substantial evidence does not support the jury’s findings.” Konkel v. Bob Evans Farms, Inc., 165 F.3d 275, 279 (4th Cir.1999) (citing White v. County of Newberry, 985 F.2d 168, 172 (4th Cir. 1993)). More specifically, a renewed motion for judgment of a matter of law is properly granted: “if the nonmoving party failed to make a showing on an essential element of his case with respect to which he had the burden of proof.” Wheatley v. Wicomico County, Maryland, 390 F.3d 328, 332 (4th Cir.2004) (citing Singer v. Dungan, 45 F.3d 823, 827 (4th Cir.1995)). In addition to the substantive dictates of Rule 50(b), there are procedural requirements that must also be met in order to properly raise such a motion. Among the requirements is that pursuant to Rule 50(b), in order for the trial court to consider a renewed motion for judgment as a matter of law, the moving party must have also raised the motion for judgment as a matter of law at the close of all the evidence. See Harrison v. Edison Bros. Apparel Stores, Inc., 151 F.3d 176, 179 (4th Cir.1998); Smith v. University of North Carolina, 632 F.2d 316, 338-39 (4th Cir.1980). However, there are three exceptions to the rule as recognized by this Court’s appellate authority, the Fourth Circuit, namely: (1) where there has otherwise been substantial compliance with the rule; (2) where manifest injustice would otherwise occur since the verdict is wholly without legal support; or (3) where the trial judge, in effect, excused the failure to renew the motion. See Smith, 632 F.2d at 338-39; SunTiger, Inc. v. Scientific Research Funding Group, 9 F.Supp.2d 601, 604 (E.D.Va.1998). These exceptions are based on the general principle that the Federal Rules are to be liberally construed, and for situations where “both the adverse party and the court are aware that the movant continues to believe that the evidence presented does not present an issue for the jury,” the purposes of Rule 50 should generally be found to have been met. Singer, 45 F.3d at 829 (quoting Moore’s Federal Practice, ¶ 50.08, at 50-91). Plaintiff, in his reply brief, correctly notes that Defendant failed to formally raise a Rule 50(a) motion at the close of all evidence. (Tr. 22-23.) Indeed, the Fourth Circuit has noted that the requirement for a properly directed motion at the close of the evidence as a prerequisite for a Rule 50(b) motion “is not a mere technicality”, and that “it serves vitally important interests in the fair conduct of litigation.” Miller v. Premier Corp., 608 F.2d 973, 980 n. 3 (4th Cir.1979) (citing Virginia-Carolina Tie & Wood Co. v. Dunbar, 106 F.2d 383, 385 (4th Cir.1939)). However, the Fourth Circuit has also recognized that there are limited exceptions to the rule, as noted, that are necessary to serve the interests of justice and to ensure that all circumstances are fairly considered at the post-trial stage. See Singer, 45 F.3d at 829. Here, it is clear that the Court effectively excused the Defendant from formally making a Rule 50(a) motion at the close of all the evidence, as the Court had made it clear, both at the close of Plaintiffs evidence, and upon ruling on Plaintiffs motion for a directed verdict at the close of all the evidence, that the matter contained sufficient factual concerns for the jury to consider. (Tr. 182, 223-24.) Specifically, the Court informed the parties that it was aware of Defendant’s continued contentions that there was insufficient evidence to sustain the claims against him, and at the close of Plaintiffs evidence, the Court recognized that especially given Defendant’s pro se status, it accepted Defendants contentions as a proper motion “so that there’s no default issue later.” (Tr. 182.) As such, it is clear that the spirit of the procedural requirements were met, as Plaintiff was properly on notice as to Defendant’s contentions, and the trial court clearly indicated that it was excusing the procedural formality of renewing the motion at the close of all the evidence. Therefore, Plaintiffs argument that the Court’s consideration of Defendant’s Rule 50(b) motion is procedurally barred lacks merit. b. Remittitur of Damages and New Trial Remittitur is a well-established practice that requires a trial court to order a new trial unless the plaintiff accepts the reduction of a jury award that the court has deemed to be excessive. See Stamathis v. Flying J, Inc., 389 F.3d 429, 438 (4th Cir.2004); Norfolk Beverage Company, Inc. v. Cho, 259 Ya. 348, 353, 525 S.E.2d 287 (2000). Specifically, the procedure for remittitur allows a trial court to resolve what it concludes to be an excessive verdict by conditioning the granting of a new trial on the plaintiffs rejection of a reduced verdict. See G.M. Garrett Realty, Inc. v. Century 21 Real Estate Corp., 17 Fed.Appx. 169, 172 (4th Cir.2001). Thus, “with remittitur, the Court does not order that the damage award is reduced; instead, the court gives the plaintiff the option of accepting a reduced amount or trying the ease over.” Id. at 173. Although there is no specific rule or provision for remittitur in the Federal Rules of Civil Procedure, such determinations are founded on state law principles, and should be ordered in circumstances “when a jury award will result in a miscarriage of justice.” Hughston v. New Home Media, 552 F.Supp.2d 559, 564-65 (E.D.Va.2008) (citing Bennett v. Fairfax County, 432 F.Supp.2d 596, 599 (E.D.Va. 2006)). However, remittitur is restricted to particular circumstances which have been clearly identified by the controlling state authority, the Virginia Supreme Court: A trial court may set aside a verdict because it is excessive if the amount awarded shocks the conscience of the court either because it indicated ‘the jury has been motivated by passion, corruption or prejudice’ or ‘has misconceived or misconstrued the facts or the law,’ or because it is so disproportionate ‘to the injuries suffered as to suggest that it is not the product of a fair and impartial decision.’ Government Micro Resources, Inc., et al. v. Jackson, 271 Va. 29, 44, 624 S.E.2d 63 (2006) (citing Shepard v. Capitol Foundry of Virginia, Inc., 262 Va. 715, 720-21, 554 S.E.2d 72 (2001)). In conducting an analysis involving possible remittitur, a court must consider all of the factors that might have influenced the jury in reaching their verdict, and to consider all evidence in the light most favorable to the prevailing party at trial. See Fairshter v. American National Red Cross, et al., 322 F.Supp.2d 646, 658 (E.D.Va.2004); Government Micro Resources, 271 Va. at 47, 624 S.E.2d 63. Given the deference that must attend jury verdicts, “[a] trial court will not set aside a verdict either as inadequate or as excessive merely because the court may have awarded a larger or smaller sum had it been the trier of fact.” Stamathis, 389 F.3d at 442; See also Norfolk Beverage Company, Inc. v. Cho, 259 Va. 348, 354, 525 S.E.2d 287 (2000). If the verdict was impartially rendered and dependent on competent evidence, it shall not be disturbed. See Fairshter, 322 F.Supp.2d at 658. Moreover, in applying the remittitur standard to per se defamation cases, it is clear that the Virginia Supreme Court, as well as federal courts applying Virginia law on the issue, have crafted a narrower view of when remittitur is applicable. As expounded by the Virginia Supreme Court, the law of defamation historically protects an individual’s basic right to “personal security in their uninterrupted entitlement to enjoyment of their reputation,” and as such, " '[sjociety has a pervasive and strong interest in preventing and redressing attacks upon reputation.’ ” Gazette, Inc. v. Charlottesville Newspapers, Inc., 229 Va. 1, 7, 325 S.E.2d 713 (1985)(citing Fuller v. Edwards, 180 Va. 191, 197, 22 S.E.2d 26 (1942)). As to defamation per se, the analysis is extended one step further whereby the false statements necessarily “prejudice [a] person in his or her profession or trade.” Swengler v. ITT Corp. Electro-Optical Products Division, 993 F.2d 1063, 1070 (4th Cir.1993). “The critical distinction between defamation per se and other actions for defamation is that a person so defamed is presumed to have suffered general damages, and any absence of actual injury is considered only in diminution of damages.” Stamathis, 389 F.3d at 440. In addition to the presumed damages caused by such statements, a plaintiff may recover, not only for the economic or out-of-pocket damages involved, but also for resulting emotional harm, embarrassment and mental suffering. See id. at 439. Thus, in a remittitur determination where per se defamation damages are at issue, the plaintiff is not required to prove actual damages, and “even in the absence of any evidence of pecuniary loss, the damages which the injured party is entitled to recover may be substantial.” Poulston v. Rock, 251 Va. 254, 261, 467 S.E.2d 479 (1996) (citing Slaughter v. Valleydale Packers, Inc., of Bristol, 198 Va. 339, 348, 94 S.E.2d 260 (1956)). However, although applicable case law indicates that evidence of actual damages does not have to be demonstrated in per se defamation cases, that does not mean that a jury may simply “conjure up” an appropriate verdict without some rational relationship to the underlying facts and circumstances of the case. The remittitur analysis, though limited in such cases, is still a factual analysis in which the court must examine the evidence presented and its relationship to the amount of damages awarded by the jury. See e.g., Schnupp v. Smith, 249 Va. 353, 366, 457 S.E.2d 42 (1995); Gazette, Inc., 229 Va. at 48, 325 S.E.2d 713. Therefore, in analyzing the actual damage award in defamation per se cases, this Court will reference the Virginia “shocks the conscious” standard, while also being mindful of the deference given to jury awards which nevertheless can, at times, have an imperceptible basis. Unlike actual damages, which often compensate for a plaintiffs quantifiable losses, punitive damages have been established to punish a wrongdoer for extraordinary misconduct and to deter others from doing likewise. See Stamathis, 389 F.3d at 442. Due to the unique nature of punitive damages, a review of a jury’s punitive damages award requires an analysis of both state and federal law. See Hughston, 552 F.Supp.2d at 568. Specifically, “[i]n reviewing an award of punitive damages, the role of the district court is to determine whether the jury’s verdict is within the confines set by state law, and to determine, by reference to federal standards developed under [Federal Rule of Civil Procedure] 59, whether a new trial or remittitur should be ordered.” Id. Under Virginia law, there are several factors a court must take into consideration when determining whether a punitive damages award is proper, including: (1) consideration of the reasonableness between the damages sustained and the amount of the award; (2) the measurement of punishment required; (3) whether the award will amount to a double recovery; (4) the proportionality between the compensatory and punitive damages; and (5) the ability of the defendant to pay. Id. at 568; see also Poulston, 251 Va. at 264, 467 S.E.2d 479. As with actual damages, the analysis is unique in per se defamation cases, because a court must acknowledge that punitive damages may be awarded by a jury in circumstances where actual damages were neither found, nor proven. See Swengler, 993 F.2d at 1071. However, although punitive damages may be appropriate in certain cases without there being actual damages, that does not preclude a case involving punitive damages from remittitur review, as a punitive damages award must still bear some reasonable relationship to the evidence considered by the jury, and the award must be founded on clear and convincing evidence that Defendant had acted with malice. See e.g., Stamathis v. Flying J, Inc., 389 F.3d 429 (4th Cir.2004); Poulston v. Rock, 251 Va. 254, 467 S.E.2d 479 (1996). 2. Analysis of the Individual Claims for Judgment as a Matter of Law, or Alternatively, Remittitur a. Analysis of Count One Claims The defamatory statements that are the basis of Count I concern statements reflecting that Defendant had written to Plaintiffs employer and the Maryland Bar Association Ethics Committee concerning what he alleged was attorney misconduct, and statements encouraging other members of the Absolute Write website to do the same if they knew of evidence of such conduct by Plaintiff. (Compl. ¶¶ 7-9.) In examining the actual damages awarded to Plaintiff for Count I by the jury, it is clear that the finding itself as to the award of actual damages rests upon an appropriate evidentiary foundation, such that judgment as a matter of law would be improper; however, the damages awarded were substantially beyond the harm allegedly suffered by Plaintiff, and as such, remittitur is appropriate. The Plaintiff provided sufficient evidence at trial to demonstrate that the Defendant intentionally or negligently posted the statements about Plaintiff. Specifically, the statements themselves refer to Plaintiff by name, encourage others to act as Defendant had, and, in one posting, Defendant, in effect, taunts Plaintiff to respond to Defendant’s allegations. (Pl.’s Exs. 19 & 20.) Furthermore, when considered in the context of the circumstances involving the “cease and desist” letter sent to Christine Norris, the statements could be readily construed by a reasonable person as being retaliatory in nature. (Pl.’s Exs. 13, 15, 17, 19 & 21.) At trial, when asked about the specific posts, Defendant was asked if he was targeting Plaintiff, to which he responded that: “[Plaintiff] targeted another writer, I just stood up for that writer.” (Tr. 151.) Defendant also testified that he “encouraged [other authors] to send letters or e-mails to the authorities complaining about the treatment of this other writer who was merely trying to (inaudible) the behavior of Publish America [sic].” (Tr. 153.) Such statements, along with Defendant’s posts on the Absolute Write message board, could easily be inferred to be intentionally or negligently made in an attempt to retaliate against Plaintiff, and as such, judgment as a matter of law is not appropriate. In regard to the Defendant’s request for remittitur, however, given the circumstances, venue and context of the statements related to Count I, the actual damages awarded were so excessive as to “shock the conscious” in the sense that, based on the evidence presented, the jury misconstrued the applicable facts and law. In reviewing the statements alleged as the basis for Count I, it is clear that the most disparaging and defamatory of the comments is the text of the email that was posted by Defendant suggesting that Plaintiff engaged in illegal or unethical conduct in his capacity as an attorney. The other posts included in Count I presumably intended to garner support for the accusations against Plaintiff, suggesting that Defendant’s motive was to retaliate against Plaintiff for his interactions with Christine Norris. Such statements, considered together, directly compromised Plaintiffs reputation and accountability in his chosen profession, and as such, are defamatory per se. See Union of Needletrades v. Jones, 268 Va. 512, 519, 608 S.E.2d 920 (2004) (quoting Fuste v. Riverside Healthcare Association, Inc., 265 Va. 127, 132, 575 S.E.2d 858 (2003)). But even given that the statements are defamatory per se, and, as such, actual damages are presumed, that does not allow, as previously noted, for a jury verdict beyond what can be reasonably attributed to Plaintiffs actual loss or harm as a result of such statements. Although there is scant case law directing remittitur of actual damages in per se defamation cases, the Virginia Supreme Court, and Fourth Circuit cases adopting Virginia law, have not precluded remittitur in such cases, and thus, this Court concludes, that although unusual, there are situations in which the verdict in a per se defamation case does in fact “shock the conscious”, making remittitur necessary and appropriate. The essence of Plaintiffs defamation claims in Count I are based on the comments in the e-mail posted by Defendant which he sent to members of the Maryland State Bar Ethics Committee and to the office e-mail address at Plaintiffs former law firm. It is important to note that in Plaintiffs Complaint, however, he did not allege defamation on the basis of the original email that Defendant sent; but instead, simply as to the reproduction of the text of that e-mail on the Absolute Write website. (Comply 8.) At the same time, though, at trial Plaintiff focused his testimony at trial on the injury he purportedly suffered due to colleagues in his profession reacting to the original e-mail, not the reproduction of it on the Absolute Write website. (Tr. 80, 82.) While Plaintiffs embarrassment is relevant in regard to the original e-mail comments, it is wholly separate from the embarrassment Plaintiff allegedly suffered due to people reading the reproduction of the e-mail on the Absolute Write website, and such a circumstance must be distinguished from the earlier publication to assess the proper measure of actual damages for Plaintiffs stated claim. Stated another way, actual damages for the claim should reflect the damage suffered due to accessing the copy of the e-mail, as well as Defendant’s comments regarding Plaintiffs being disciplined, on the Absolute Write website. In that regard, however, Plaintiff failed to present evidence at trial suggesting that he suffered any harm from the members of the small web-based community reading the comments, none of whom he alleged were professional colleagues. Plaintiff did testify that he suffered some embarrassment from the reproduction of the e-mail, stating that while he “had no problem” with Defendant sending a complaint to the Maryland State Bar, he was embarrassed that Defendant reproduced the e-mail on the internet for others to view more publicly then they would have otherwise been able to access. (Tr. 82-83.) While such embarrassment is properly considered, and does merit the award of some damages, the jury award of $24,000 does not properly reflect the distinction between the embarrassment caused to Plaintiff by the original e-mail, which was not at issue in the case, and the more nominal damage caused by the reproduction of the e-mail on the Absolute Write website. Plaintiff also argues that evidence of actual damages, in addition to the embarrassment suffered by reproduction of the email, included evidence that the posts in Count I were, and still are, easily accessible to anyone on the internet who “Googles” Plaintiffs name. (Tr. 86-87.) Specifically, Plaintiff argued at trial that his friends, family and colleagues were able to put his name into the Google search engine, and that these comments would appear, placing Plaintiff in a humiliating light. • (Tr. 86-87.) Additionally, Plaintiff asserted at trial that he suffered from anxiety that future employers would search for information about him on the internet, and would be able to access the comments, which would at least hinder his prospects for future employment. (Tr. 78-79.) In support of this assertion, Plaintiff presented an expert witness who testified that if the comments were discovered by future perspective employers, they could interfere with Plaintiffs employment prospects, because Defendant’s comments place Plaintiffs character in a questionable light. (Tr. 122-28.) However, in connection with this argument, Plaintiff failed to present evidence, even through his expert, as to how accessible the comments actually are (or would be) for someone searching the internet for information on Plaintiff. The expert witness testified that he “went on Google” and that he “did some checking ... on the Absolute Right [sic] website,” and that “based on those things that Mr. Kuzminski had said, the red flag would be waiving very high at a search firm and they would put Mr. Cretella’s file aside.” (Tr. 122.) However, when asked on cross-examination whether he had searched “the rest of the Internet for comments or articles involving Mr. Cretella”, the expert stated that he had not conducted that type of general search, implying that he only looked at the comments that Plaintiff had asked him to examine, and did not conduct a “Google” search or a general internet search that would actually result in an employer retrieving the comments made by Defendant. (Tr. 123.) Similarly, Plaintiff testified that he had friends and family who had searched for his name on the internet and had found the comments made by Defendant. (Tr. 86-87.) In support of his assertion, Plaintiff presented an e-mail that was written by one of his friends, which he testified demonstrated that his friend had searched the internet for Plaintiffs name and had found Defendant’s comments. (Tr. 87.) In fact, close examination of the exhibit does not indicate that the friend’s search resulted in the Absolute Write website in question appearing, but instead indicates that the friend located information regarding Plaintiffs suit against Defendant, and that, as the friend stated, he “ended up reading some of the discussion board.” (Pl.’s Ex. 11.) Plaintiff also presented a post by Defendant in which the latter encouraged members of the Absolute Write community to refer to PublishAmerica employees by their full name in their message board postings so that the information posted could be more easily accessible via internet search engines. (Pl.’s Ex. 42.) However, the post was made by Defendant in 2005, over a year before Plaintiff had become counsel for PublishAmerica. (Tr. 77-79.) Furthermore, as explained by Defendant in his 2005 post, it is unlikely that Plaintiffs friends or family accessed the statements made in Count I through any internet searches that they conducted, as none of the comments refer to Plaintiff by his full name, rather he is referred to as Mr. Cretella or by his nickname of “Vic”, indicating that it would be unlikely that the statements on the Absolute Write website would be found either by friends, family or future employers who “Googled” Plaintiffs full name. The Court recognizes that the Plaintiff endured personal embarrassment and humiliation in regard to the reproduction of Defendant’s ethics complaint against Plaintiff, in addition to the comments encouraging others to do the same; however, given the nuances in the case, including the fact that Plaintiffs Complaint alleged defamation solely for the reproduction of the text of the email on the Absolute Write website, and that Plaintiff spoke generally about, but failed to prove, that the Count I comments were accessed by, or accessible to, more then just the members of the small online community involved, it is clear that the actual damage award is excessive. A review of the evidence thus indicates that the jury misconstrued the actual severity and residual effects of the Count I comments and, therefore, remittitur of the actual damages in Count I to a quarter of what the jury awarded, or $6,000.00, is deemed appropriate. While such a reduction is necessarily arbitrary in the absence of firm ascertainable measure, especially where actual damages are presumed in per se defamation claims, the percentage reduction appears appropriate and sufficient to the Count given such circumstances as to the questionable accessibility of the comments, the limited audience likely involved, and the speculative nature of the supposedly expert evidence regarding possible future employment prospects that the Plaintiff had not yet pursued. In addition to the reduction of the actual damages awarded by the jury, Plaintiff asserts that the Court should also grant judgment as a matter of law for the punitive damages awarded for Count I; or, alternatively, the Court should remit the amount as being excessive. In order for punitive damages to be properly awarded, the Plaintiff must demonstrate by clear and convincing evidence that the Defendant acted with actual malice. See Government Micro Resources, 271 Va. at 42, 624 S.E.2d 63. To establish actual malice, Plaintiff must show that the Defendant “ ‘either knew the statements he made were false at the time he made them, or that he made them with a reckless disregard for their truth.’ ” Id. (quoting Ingles v. Dively, 246 Va. 244, 253, 435 S.E.2d 641 (1993)). As discussed earlier, the nature of the statements alone, particularly when coupled with Defendant’s testimony as to his intent, are sufficient to establish that punitive damages were properly awarded. The statements in Count I are taunting and vindictive, and as Defendant testified, they were generated as a direct response to what he believed to be an attack on another author. (Tr. 151.) These “reactionary” statements posted on the message board accuse Plaintiff not only of unethical conduct, but also of illegal acts. Although the Defendant stated in one of his posts that he had information substantiating the claims, Defendant did not present such evidence at trial, thus leaving the jury with the reasonable inference that the allegations against Plaintiff were based on speculation alone. Furthermore, the Plaintiff presented significant evidence that Defendant’s statements were made with a vindictive intent. Indeed, the evidence presented confirms that shortly after posting the copy of the e-mail sent to the Maryland Ethics Committee, Defendant actively encouraged others to do the same. (Tr. 153; PL’s Ex. 19.) Moreover, after posting the text of the e-mail, Defendant wrote on the message board: “Well, let’s see Vic deal with this ... Yes, this just went out in email. They want to play rough, then let’s level the playing field just a bit.” (PL’s Ex. 19) (emphasis in original). The clearly acrimonious sentiment, accompanied by the serious professional allegations against Plaintiff, and the “call to arms” instigated by Defendant, are sufficient to establish that the postings in Count I were made with actual malice. At the same time, however, and as previously discussed, an award of punitive damages must still bear some relationship to the harm inflected, based on consideration of all the circumstances involved; where, otherwise, it would appear to merely constitute double recovery, or be vindictive in its own sense that would detract from whatever deterrent effect was intended. Accordingly, a quarter percent recovery (or seventy five percent reduction) to $5,000.00, commensurate with the reduction of the actual damage award, appears appropriate. The Defendant’s motion for a new trial, in that regard, will therefore be conditionally denied, subject to Plaintiffs acceptance or rejection of the remitted damage amounts. b. Analysis of Count Two Claims The alleged defamatory statements in Count II are web postings by Defendant on the Absolute Write website in which he attempts to explain Plaintiffs professional transition from his former law firm to in-house counsel at PublishAmerica. (PL’s Ex. 22.) In the comments, Defendant speculates as to “how much embarrassment” Plaintiff caused the law firm while employed with the firm, and states that Plaintiff “might be just that much closer to losing his license” now that his former law firm is not “vouching” for him. (PL’s Ex. 22; Compl. ¶ 10.) In his post-trial motion, Defendant requests renewed judgment as a matter of law, or, alternatively, remittitur of both the actual and punitive damages awarded by the jury. Defendant’s renewed motion for judgment as a matter of law is without merit, as a review of the Record demonstrates that Plaintiff provided sufficient evidence at trial demonstrating that Defendant intentionally or negligently posted the statements about Plaintiff. The Count II statements, particularly when read in light of Defendant’s continuous postings regarding Plaintiffs employment status, could be reasonably interpreted by a jury as a campaign by the Defendant to specifically “target” Plaintiff. At trial, Defendant stated that he believed in “targeting” the employees of PublishAmerica in order to expose what he believed to be their misconduct in the publishing industry. (Tr. 137, 140-41, 143.) Specifically, when asked at trial if he wanted to target the employees of PublishAmerica, Defendant responded by stating “[t]hat’s how you go about getting rid of the gang. You target the members of it.” Additionally, in explaining why he believed that his ethics complaints to the Maryland Bar would have caused Plaintiff to change careers, Plaintiff stated that when he initially reported Plaintiff, “the most [he] thought would happen would [be for Plaintiff to] get a reprimand from his boss”, but that when he realized that his actions might have something to do with Plaintiffs employment transition, “it was icing on the cake because [he] didn’t think [he] had done anything more than maybe get [Plaintiff] a. reprimand.” (Tr. 154.) However, despite his personal belief and/or excitement at the prospect that his actions resulted in the change in Plaintiffs employment, Defendant admitted at trial that he was never contacted by the Bar Association, or aware that any investigation was undertaken, based on his input. (Tr. 134-35.) In addition to the testimony by Defendant about his general contempt against all PublishAmerica employees, Plaintiff presented several exhibits of postings by Defendant in which Defendant’s personal animosity towards Plaintiff was evident. (Tr. 143-44, 156, 167-68.) In displaying one such post to the jury, Plaintiffs counsel asked Defendant about one of his web postings in which he wrote: “Heck, we might even convince the FBI to suggest to Cheney that he invite Victor out for some hunting.” (Tr. 144, Pl.’s Ex. 25.) When asked whether the comment was directed towards Plaintiff, Defendant testified that it was, and that he had been referring to the incident where former Vice President Cheney “had a habit of shooting lawyers while they were hunting.” (Tr. 144.) Defendant followed up by stating: “[a]t least we had some good use of Cheney while he was in office.” (Tr. 144.) Furthermore, Plaintiff submitted several exhibits in which Defendant had continually taunted the Plaintiff which readily demonstrated that Defendant harbored contempt for the Plaintiff. (Pl.’s Ex. 7, 24, 25, 37, 38.) Such postings, taken together, demonstrate a basis for finding that Plaintiffs Count II comments were made intentionally or negligently, and thus, Plaintiffs renewed judgment as a matter of law must be denied as to Count II. In analyzing Defendant’s alternative request for remittitur, the Court finds, as with the Count I claim, that given the circumstances, venue and context of the statements in Count II, the actual damages awarded were so excessive as to “shock the conscious”, indicating, based on the presentation of the evidence, that the jury misconstrued the applicable facts and law. As with Count I, the statements in Count II compromise Plaintiffs reputation and accountability as an attorney, and as such, are defamatory per se. Specifically, Defendant’s statements suggest that Plaintiff was an incompetent attorney, causing embarrassment to his employer, and that Plaintiff was in danger of losing his professional license. Obviously, such statements directly and adversely affected Plaintiffs reputation as a professional. See Cretella v. Kuzminski, No. 3:08cv109, 2008 WL 2227605, at *8 (E.D.Va. May 29, 2008); see also Carimle v. Richmond Newspapers, 196 Va. 1, 7-8, 82 S.E.2d 588 (1954). However, as discussed in conjunction with Count I, although actual damages are presumed for per se defamatory statements, such a standard does not allow for an award beyond what can be reasonably attributed, at least to some foreseeable extent, to Plaintiffs actual loss or harm as a result of the statements. As with the Count I claims, Plaintiff testified that the statements by Defendant regarding the reasons behind Plaintiffs change in employment embarrassed him, and caused him anxiety for fear that his friends or family would gain access to the statements on the internet. (Tr. 84, 86-87.) While such embarrassment is plausible, and no evidence was necessary to establish that such harm had been caused to Plaintiff, the jury’s actual damages award of $24,000 for actual damages as to the Count II comments does not rationally relate to the speculative and otherwise innocuous damage actually inflicted on Plaintiff. As discussed earlier, the Plaintiff did not contest that the Absolute Write website was a relatively small online forum, and he provided no substantive evidence demonstrating that anyone had actually discovered the Count II statements via an on-line internet search. While Plaintiffs actual damages should account for his professed anxiety, the award must also reflect that no tangible harm was caused by documented incidents of the posts being accessed by friends or family without them having been specifically directed to the postings. Furthermore, Plaintiff testified that the statements adversely impacted on his job search when he had decided to leave the law firm in early 2007, and presented expert testimony that these statements would harm any future attempts to secure other legal employment. (Tr. 86, 122-23.) In reviewing the actual damages claims, the Court notes that the statements in Count II were made on May 4, 2007, several months after Plaintiff had already decided to accept the in-house counsel position with PublishAmerica. (Pl.’s Ex. 22; Tr. 77-80.) Thus, the actual damages awarded must be based solely on the prospective harm that the comments would have on Plaintiff if he sought different employment in the future upon vacating his position at PublishAmerica. As with the damages issue related to Count I, Plaintiff presented the testimony of Arnold D. Silverman, a professed expert witness in the general area of employment issues. (Tr. 115-16.) In his testimony, Mr. Silverman explained what types of factors employers look for when they are determining which applicants to interview and subsequently hire, without delineating the precise process undertaken by most law firms or legal institutions. (Tr. 118— 20.) Mr. Silverman also explained the process he employed in analyzing Plaintiffs particular situation, and the effect Defendant’s comments could have on Plaintiffs career plans. (Tr. at 120-22.) Mr. Silver-man testified that he reviewed summations of the Court proceedings, as well as comments, letters and statements made by Mr. Kuzminski regarding Plaintiff and Publish-America. (Tr. 121.) He testified that he also engaged in some research of his own, by utilizing “Google” and “checking ... on the Absolute Right website” where he testified that he “found a full number of situations on that website in which Mr. Kuzminski made comments.” (Tr. 122.) Based on his research, Mr. Silverman concluded that Defendant’s comments would raise a “red. flag” on any applications or résumé Plaintiff would forward to future potential employers and would thereby adversely impact Plaintiffs employment opportunities in the future. (Tr. 122-23.) While there may be some merit to Mr. Silverman’s conclusions, a closer examination of his testimony and process he utilized demonstrate several concerns that would have confused, and potentially misled, the jury as to the value of his conclusions. First, Mr. Silverman failed to delineate the hiring process generally for a law firm, and more specifically, a law firm that would be seeking to hire a