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 -

Massachusetts Supreme Judicial Court Tosses Out Defamation Case Against Deval Patrick Based on Failure to Plead “Actual Malice”

by Akin Gump - Excubitor on

Last week, the Massachusetts Supreme Judicial Court dismissed a defamation case against former Governor Deval Patrick, related to statements Patrick had made about his decision to replace the chair of the State Sex Offender...more

Supreme Judicial Court Punts On Executive Defamation Privilege

Last week, everyone in Washington, D.C. was talking about the invocation of “executive privilege,” the ability of a President to withhold information from, for example, an investigation into Russian influence on the U.S....more

Business Litigation Report - May 2017

Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules - Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most...more

Wisconsin Supreme Court Characterizes Release of Incorrect Criminal History by State Department of Justice as Defamatory, Despite...

by Akin Gump - Excubitor on

The Wisconsin Supreme Court recently ruled that the state Department of Justice (DOJ)’s release of misleading criminal history files violated an individual’s protected interest in their name and reputation, in a ruling that...more

May 2017: California Court Issues Decision Regarding Protection of Statements to Press Regarding Litigation

In Argentieri v. Zuckerberg, 8 Cal. App. 5th 768 (1st Dist. 2017), the California Court of Appeal recently held that an attorney’s statements to the press summarizing the allegations of a complaint are protected by the “fair...more

Are Anti-SLAPP Statutes The Elephant In the Room?

by LeClairRyan on

Last year, I noted that several judges around the country were expressing concern that state anti-SLAPP statutes were being applied to cases that did not appear intended to “chill” legitimate speech. For example, a Texas...more

Jury Selection Begins in “Pink Slime” Defamation Trial

by Akin Gump - Excubitor on

Beef Products, Inc. and ABC News will begin selecting a jury today in South Dakota state court in a case involving an allegedly misleading report about finely textured beef, which ABC News described as “pink slime.” The trial...more

Proliferation of User Generated Fake News Sites Targeting Small Businesses

by Akin Gump - Excubitor on

A recent investigation uncovered two separate networks that together own at least 30 identical sites, each of which allows users to “prank” their friends by creating their own false news stories and post the creations to...more

Defamation – When the Facts Really Are the Facts

by Nexsen Pruet, PLLC on

Historically, South Carolina has followed the general rule that truth is a complete defense to a claim of defamation. An insinuation, however, drawn from a truthful statement, may be an exception to that general rule, and...more

Management Alert: Texas Supreme Court Rules That There Is No Cause of Action For “Compelled Self-Defamation” In Texas

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Compelled self-defamation claims most commonly occur in the wrongful termination context, when plaintiffs allege they are required to defame themselves to prospective employers because they are required to...more

Texas Does Not Recognize Self-Publication Defamation

by Fox Rothschild LLP on

The Texas Supreme Court has rejected the theory of defamation by compelled self-publication. Say what? you ask? Compelled self-publication occurs most often in the employment context, where a terminated employee is...more

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

by Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

Maintain immunity under the Communications Decency Act [MCLE]

by Buchalter on

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal...more

Superior Court Suit Alleges Arbitration Claim Is a SLAPP

by LeClairRyan on

If a person believes that a defamation claim being asserted against him in a pending arbitration is a SLAPP, can he ask the Superior Court to issue a declaration and an order stopping the claim from being pursued? A new...more

Defamation Suit against Buzzfeed Will Proceed in Miami

by Akin Gump - Excubitor on

On May 22, 2017, the U.S. District Court for the Southern District of Florida denied the motion of Buzzfeed, Inc. (“Buzzfeed”) and its editor-in-chief to transfer to New York a defamation lawsuit involving Buzzfeed’s...more

Wikitribune and broken news

by Hogan Lovells on

Wikipedia founder Jimmy Wales completes crowd-funding this week for his latest venture: Wikitribune, a news platform that, while not affiliated with Wikipedia, applies Wikipedia’s collaborative model to journalism. Wales...more

DC Circuit Discusses “Limited Purpose” Public Figures

On May 9, the U.S. Court of Appeals for the District of Columbia issued a significant ruling in Kahl v. Bureau of National Affairs, Inc. The Court of Appeals addresses (i) whether Yorie Von Kahl is a public figure for First...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Canada: Ontario Superior Court of Justice Finds Against Employee in Negative Job Reference Dispute

by Littler on

In a lawsuit involving both wrongful dismissal and defamation, Canada's Ontario Superior Court of Justice in Papp v. Stokes et al, 2017 ONSC 2357, has ruled that an employer’s negative review of an employee’s attitude during...more

Defamation Law Series: Texas Court Holds that “Rhetorical Flourishes” In Article Do Not Support Defamation Claim

by Kelley Drye & Warren LLP on

The Texas Fifth Court of Appeals in Dallas recently dismissed defamation claims against a Dallas magazine, finding that although a headline and article could be interpreted as criticism of a former symphony orchestra...more

Defamation with the Click of a Mouse: Assessing Damages

by Field Law on

In the midst of a challenging period for a condominium owners association in a property located in Costa Rica, the president of the association resigned in frustration. Someone had overheard a rumour that the president...more

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

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