On the morning of June 22, 1990, while I was reading the Washington Post, I came across a story, "Statements of Opinion Can Be Libelous, Court Rules." It reported a U.S. Supreme Court decision in the landmark case, Milkovich v. Lorain Journal Company. The story's lead read: “The Supreme Court ruled yesterday that expressions of opinion can be the subject of libel suits if they contain ‘false and defamatory’ facts.”
A sports columnist for the Lorain Journal, a newspaper in northeastern Ohio, had written a column, calling a local wrestling coach, Michael Milkovich, a "liar." In response, Milkovich sued.
The lower courts decided that the columnist had expressed a privileged opinion about Milkovich. However, the U.S. Supreme Court ruled, 7‑2, against the lower courts' decision.
I clipped the story and placed it on top of my desk.
The following day, during a private conversation with Washington radio talk-show host Sheldon Tromberg, I told him about my situation with the New York Times, as well as what I knew about the Milkovich decision. Tromberg suggested that I call a friend of his, attorney Stephen M. Trattner of Lewis & Trattner in Washington, D.C.
Immediately after my talk with Tromberg, I called Trattner at his office. He listened to my problems but was noncommittal. However, he agreed—as a favor to Tromberg—to do an analysis of the Times review and my book. I put together a package for Trattner and messengered it to his office.
On July 5, like attorneys John Sikorski, Tom Green, and Alex Greenfeld before him, Steve Trattner rendered his professional legal opinion that, in fact, I had been libeled, "recklessly and maliciously."
Realizing that we were coming up on the one‑year statute of limitations, Trattner introduced me to a friend of his, Roger C. Simmons, a partner in the law firm Gordon & Simmons in Frederick, Maryland. He was my last hope before the statute ran out.
Finally, after a couple hours of frank discussions during our first meeting, Simmons, a big man with a tough but friendly demeanor, agreed to take my case against the New York Times.
Just before our meeting ended, I said to Simmons, "Roger, I am forty years old. After publishing four books I’m really proud of, I should be enjoying the prime of my career. Instead, I am now battling for my basic survival. . . . I wouldn't even think of asking you for a guarantee that we're going to win, because I have some idea of what we're up against. All I'm asking for is a good fight."
Simmons smiled, "You want a good fight? . . . I'll give you a good fight!"
That night, I had my first full, uninterrupted sleep since the publication of the New York Times’s review of Interference. After everything I had been through—and everything I had put Mimi, as well as my family and friends through—I was finally going to be able to say loudly and clearly that I was challenging the New York Times in court.
This time, there would be no backing down.