Defamation Third-Party

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 -
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Neely v. Wilson and the Third-Party Allegation Rule

For the past two decades since the Texas Supreme Court's decision in McIlvain v. Jacobs, 794 S.W.2d 14, 16 (Tex. 1990), Texas appellate courts and the Fifth Circuit have repeatedly held that journalists are insulated from...more

Two Federal Cases Hold Website "Responsible" for Postings on thedirty.com

Courts in Kentucky and Maryland — in a pair of cases involving the saucy website thedirty.com — have broken new ground by suggesting that website operators can waive immunity under the Communications Decency Act (CDA) for...more

Business Law Newsletter - January 2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

Website Owners: Who Is Liable For Third Party Postings On Your Website?

A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more

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