News & Analysis as of

Defamation

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

by Lewitt Hackman on

Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

Reporting Reasonable Suspicion Tests To Third Parties When No Suspicion Existed May Give Rise to Defamation and Invasion of...

by Jackson Lewis P.C. on

Requiring employees to submit to directly observed reasonable suspicion testing and falsely reporting to third parties that the employees were tested because of reasonable suspicion may give rise to claims for invasion of...more

Bob Latham Talks Twibel in Lawyer Monthly

by Jackson Walker on

Bob Latham recently penned a short commentary for U.K.-based Lawyer Monthly magazine on the topic of twibel, a newly-coined term that refers to defamatory statements made over Twitter. In the article, he discussed the idea of...more

Is Google Incs Australian subsidiary a "publisher" for the purposes of a defamation claim - Mr Defteros claimed damages for...

by Dentons on

The alleged defamatory matter - Mr Defteros claimed damages for defamation against both Google Inc and its Australian subsidiary, Google Australia Pty Limited about the alleged publication of search result pages by...more

Negative Reviews: Franchises Pursuing Truth, Justice, & Defamation Claims

by Lewitt Hackman on

Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital

by Pepper Hamilton LLP on

A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more

Defamation Law Series: Melania Trump Settles Her Libel Lawsuit Against Daily Mail

by Kelley Drye & Warren LLP on

First Lady Melania Trump reportedly has settled her lawsuit against the British tabloid newspaper, Daily Mail, for about $2.9 million plus costs. Mrs. Trump originally filed her lawsuit in September 2016 in Maryland...more

MLB All-Stars Ryan Howard and Ryan Zimmerman Cry Foul at Al Jazeera’s Documentary on Sports Dopers

by Fox Rothschild LLP on

The defamation lawsuit by retired three-time All-Star Philadelphia Phillies first-baseman Ryan Howard and All-Star Washington Nationals first-baseman Ryan Zimmerman against Al Jazeera over the controversial documentary The...more

Food and Beverage News and Trends - March 2017 #3

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Milk industry executive calls for FDA action against plant milks. At a US...more

Defamation Law Series: California Court of Appeal SLAPPS Several Claims Asserted Against Boxer Floyd Mayweather

by Kelley Drye & Warren LLP on

The California Court of Appeal recently dismissed several claims asserted against the famous professional boxer, Floyd Mayweather, Jr., by his ex-fiancé, Shantel Jackson. Mayweather and Jackson had been involved in an...more

Food Fight: Two Sides to Every Chicken Filler Story

by Lewitt Hackman on

The Canadian Broadcasting Corporation (CBC) recently aired a segment reporting that real chicken content in Subway sandwiches amounted to a lot less than what the average consumer would expect. The network commissioned DNA...more

Supreme Court of Canada to address jurisdiction issues in online defamation case - Leave granted in Goldhar v. Haaretz.com

by Dentons on

On March 9, 2017, the Supreme Court of Canada (SCC) granted leave in Goldhar v. Haaretz.com1. This case is important because the SCC will address three key issues relating to the assumption of jurisdiction by Canadian courts,...more

Defamation and Data Protection: A Twin-Barrelled Approach to Claims Against Publishers

by Reed Smith on

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative...more

Eleventh Circuit Finds No Coverage for Contempt Proceedings under Lloyd's Professional Liability Insurance Policy

by Goulston & Storrs PC on

In Jones, Foster, Johnston & Stubbs, P.A. v. Prosight-Syndicate 1110 at Lloyd’s, United States No. 15-12399, 2017 WL 586450 (11th Cir., February 14, 2017) the insured law firm sought to recover legal fees and costs incurred...more

Brooklyn Supreme Court Recognizes Private Right of Action for Not-for-Profit Employees under New York Nonprofit Revitalization Act...

Not-for-Profit Corporation Law (“NPCL”) § 715-b, enacted as part of the New York Nonprofit Revitalization Act, requires New York not-for-profit corporations with 20 or more employees and annual revenue in excess of $1 million...more

Communications Between Public Relations Firm and Counsel Held Not Privileged

by Hinshaw & Culbertson LLP on

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017) - Brief Summary - The Second District of the California Court of Appeal ruled that communications between counsel and a public relations...more

Defamation and data protection claims can be brought in parallel

by White & Case LLP on

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

Stop The Press’s Anti-SLAPP: Federal Judge In Georgia Denies CNN’s Motion To Strike In Defamation Suit

by Kelley Drye & Warren LLP on

A federal court in the Northern District of Georgia recently denied CNN’s motion to strike in a defamation lawsuit, ruling that Georgia’s anti-SLAPP statute has no application in federal court. This places the court on the...more

Health Alert (Australia) March 13, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 7 March 2017 - Mrs Glenyce Ham v Dr Allan Clarke T/A CJ Orthopaedics Pty Ltd [2017]...more

Employee Reference Releases: Who’s In and Who’s Out?

by BakerHostetler on

A recent Indiana defamation case, Manhas v. Franciscan Hammond Clinic, serves as a critical reminder of the importance of scrutinizing physician and employee reference forms and releases. Dr. Sheila Manhas and Franciscan...more

How To Disparage But Not Defame Your Wedding Planner

It’s March, which means that wedding season is nearly upon us. Let’s say you run your own wedding-related business with one employee: you. A customer gives you a review on the internet that is not only negative, but contains...more

Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Texas Supreme Court throws out a former employee’s defamation suit under the Texas Citizens Participation Act, finding that communications about his alleged failure to measure a petroleum storage tank...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

South Carolina court says 'NO' to employee's claims against Boeing

by McNair Law Firm, P.A. on

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

by Gray Reed & McGraw on

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

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