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Defamation Damages

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 -
Kohrman Jackson & Krantz LLP

Understanding Defamation vs. Free Speech: A Guide for Dealing with Online Defamation

The distinction between defamation and free speech often confuses those dealing with online issues. While free speech is a protected right under the First Amendment of the U.S. Constitution, it does not shield individuals...more

Kohrman Jackson & Krantz LLP

How a John Doe Lawsuit Can Help You Unmask the Source of Fake Reviews, Defamation, and Harassment

The internet holds some of the largest threats an individual or business can face in 2024. Online threats can become even more challenging to address when the attacker acts anonymously...more

ArentFox Schiff

Big Audience Justifies Big Damages in Defamation Lawsuit Against Trump

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Donald Trump’s motion for a new trial and to set aside the jury’s verdict in his defamation case lacks merit, a New York judge recently ruled. Citing the frequency with which Trump has made defamatory statements, the...more

Buckingham, Doolittle & Burroughs, LLC

Revenge Porn Damages

In the age of digital connectivity, our lives are intricately woven into the fabric of the internet. This connectivity brings about unprecedented opportunities for communication but also exposes us to vulnerabilities...more

Tyson & Mendes LLP

The California Insurance Code and Willful Acts

Tyson & Mendes LLP on

Companies facing lawsuits involving alleged claims of willful acts have had a rude awakening following the ruling in The Wonderful Co. LLC et al. v. Starr Indemnity & Liability Co. by a California federal court that came at...more

Buckingham, Doolittle & Burroughs, LLC

Defamation of a Public Figure vs. Private Figure

Defamation, in general, is designed to provide individuals with a remedy for false statements that harm their reputation. The level of fault you have to prove against the speaker of the defamatory statement varies depending...more

Buckingham, Doolittle & Burroughs, LLC

Can I Get a Defamation Retraction Statement?

Defamation can be a devastating blow to an individual’s reputation, causing lasting damage both personally and professionally. When faced with a defamatory statement, pursuing a retraction can be a proactive step toward...more

Buckingham, Doolittle & Burroughs, LLC

What Is Defamation Per Se?

What Is Defamation Per Se? An integral component of any defamation claim – whether slander or libel – is pleading and proving that the false and defamatory statement has caused harm. The plaintiff’s burden of...more

Kohrman Jackson & Krantz LLP

Khan Defamation Suit: A Case Study of Parallel Processes in Title IX

Saifullah Khan has been thrust into the national spotlight, embroiled in a public, years-long web of civil, criminal, and administrative proceedings stemming from an allegation of rape and his subsequent expulsion from Yale. ...more

Buckingham, Doolittle & Burroughs, LLC

Libel vs. Slander

Defamation is the act of publishing false and damaging statements about a person or business to a third party. Traditionally, defamatory statements have been separated into two categories: slander and libel....more

Buckingham, Doolittle & Burroughs, LLC

How to Prove Defamation Damages

Damages are an element to proving almost any civil claim, but is an essential element to all defamation and privacy claims. For those who have experienced online defamation and online harassment, it may seem obvious that you...more

Conn Kavanaugh

Lessons Learned from Amber Heard and Bill Cosby: Homeowners Coverage for Defamation Claims

Conn Kavanaugh on

We all love to focus on the extravagant lives of celebrities, but how about the mundane aspects of their lives, like insurance? It might surprise you that many well-known people have used their homeowners insurance policies...more

Stikeman Elliott LLP

De-indexation of Defamatory Materials: Five Takeaways From a Recent Québec Superior Court Decision

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On March 28, 2023, roughly six months before the right to request de-indexation takes effect in Québec, the Superior Court of Québec ordered Google to pay $500,000 to A.B., a prominent Québec businessman, for failing to...more

Spilman Thomas & Battle, PLLC

SAY WHAT??—Defamation in an Era when Content Is King

On April 18, 2023, Fox News agreed to pay Dominion Voting Systems a staggering $787.5 million to settle a defamation lawsuit. Particularly startling about the settlement is that Dominion was valued at around $51 million as...more

Amundsen Davis LLC

How Do You Measure The Economic Value of Ecosystems?

Amundsen Davis LLC on

The Litigation Nation Podcast, hosted by Jack Sanker & Luke Behnke, is a roundup of the most important and interesting legal developments happening right now, giving you an insider’s view to the legal system. Litigation...more

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

WilmerHale on

In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Houston Harbaugh, P.C.

Depp v. Heard: Litigation Strategy

Houston Harbaugh, P.C. on

This week marks the culmination of Depp v. Heard, the high-profile civil trial in Fairfax County, Virginia. In addition to celebrity intrigue, the trial has provided a useful demonstration of litigation strategy, with themes...more

King & Spalding

Supreme Court Shakes Up Law Of Article III Standing In Transunion Llc V. Ramirez; Eleventh Circuit To Grapple With Decision In...

King & Spalding on

It is no overstatement to say the class-action bar awaited the Supreme Court’s decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), with bated breath. When the 5–4 decision came down in June, it clarified the law...more

Womble Bond Dickinson

Additional Thoughts on “The Right to Hide the Published Truth”

Womble Bond Dickinson on

Private citizens have a right to remove significant falsehoods from the public record. The law of defamation clearly allows for retractions and damage payments if provable lies are published....more

Law School Toolbox

Law School Toolbox Podcast Episode 306: Listen and Learn -- Intentional Torts: Defamation

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Welcome back to the Law School Toolbox podcast! Today, we're talking about defamation -- a topic you might see on a Torts essay along with other intentional torts. In this episode we discuss: >The five elements of...more

Polsinelli

The Limits of HCQIA Immunity: Disclosure of Information Outside of Professional Review Bodies and Falsity of Information

Polsinelli on

The United States District Court for the Western District of Washington’s decision interpreting the Health Care Quality Improvement Act, 42 U.S.C. § 11101, et seq., (“HCQIA”), highlights specific requirements for immunity...more

Epstein Becker & Green

Not a Close Call: Umpire Hits Home Run With a Seldom-Used Defamation Damages Theory

Epstein Becker & Green on

“Cowboy” Joe West is the best-known, longest-serving, and (to some) most reviled umpire currently active in Major League Baseball. For example, in 2010 he was named the second-worst MLB umpire, barely losing to CB Bucknor in...more

Woods Rogers

Make It Stop: What A Court Can And Can't Order A Defamation Defendant To Stop Saying

Woods Rogers on

A defamatory statement or publication can cause serious damage to a person’s business or professional reputation. Monetary damages are always available to the victim of defamation, but in some cases, damages do not fit a...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 104: Listen and Learn -- Intentional Torts: Defamation

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about defamation -- a topic you might see on a Torts essay along with other intentional torts, and sometimes on the MBE as well. We also highlight some of the...more

Ballard Spahr LLP

Minnesota Supreme Court Extends Actual Malice Standard for Presumed Damages to Nonmedia Defendants

Ballard Spahr LLP on

On June 26, 2019, the Minnesota Supreme Court held that a private plaintiff may not recover presumed damages for defamatory statements involving a matter of public concern unless the plaintiff can establish actual malice....more

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