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| 4. | As set forth at length in COUNTS THIRTEEN and FIFTEEN above, WB has published and continues to publish false and defamatory statements about plaintiffs including, but not limited to, posting a list of the "20 Worst Literary Agents", which includes false and defamatory statements about Barbara Bauer, including the statement that Barbara Bauer is among agents that have no "...significant track record of sales to commercial (advance paying) publishers..." This defamatory publication has been posted and quoted extensively on numerous other websites and blogs on the internet. WB has also referred to plaintiff as a "...scam agent..." and alleged that she engages in "...dirty business practices..." |
| 5. | SFWA has operated and continues to operate a website called "www.20worstagents.com" which has published false and defamatory statements about plaintiffs including alleging that plaintiff has "no sales." It has also published indecent images of plaintiff, specifically a photo of plaintiff taken without permission from plaintiff's agent's website, which had superimposed on it indecent licking actions of the mouth. |
| 6. | As the owner of WB defendant SFWA is responsible for its content. |
| 7. | The indecent photo and false and defamatory statements made by SFWA on WB concerning the personal, professional, and business reputation and character of plaintiffs were made maliciously and with intent to destroy plaintiffs' professional reputation and career. |
| 8. | The statements made by SFWA on WB clearly denigrated plaintiffs' reputation, and accused her of engaging in conduct and having traits incompatible with her business as a literary agent, and are thus defamatory per se under New Jersey law. |
| 9. | As a direct and proximate result of defendant SFWA's conduct, plaintiff Barbara Bauer has been impaired in her ability to earn a living as a literary agent, and has sustained and will continue to sustain loss of income in amounts that will be established at trial. |
| 10. | As a direct and proximate result of defendant SFWA's conduct, plaintiff Barbara Bauer has suffered and will continue to suffer extreme mental anguish and distress. |
| 11. | As a direct and proximate result of defendant SFWA's conduct, the reputation of BBLA has been damaged and it has sustained and will continue to sustain loss of income in amounts that will be established at trial. |
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