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Defamation Slander

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 -
Ward and Smith, P.A.

Defamation 101 for Community Associations

Ward and Smith, P.A. on

It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at the board from a disgruntled community member, assertions from...more

Buckingham, Doolittle & Burroughs, LLC

How Long Does It Take to Sue for Defamation?

If you’re considering filing a defamation lawsuit, you may wonder, how long will this process take? This is a common – and important – question for any defamation plaintiff to ask. Anyone contemplating bringing a defamation...more

Freiberger Haber LLP

Pleading With Particularity: Defamation Causes of Action

Freiberger Haber LLP on

As readers of this Blog know, we often write about the pleading requirements under the Civil Practice Law and Rules (“CPLR”). In that regard, many of our articles involve cases in which CPLR 3016(b) is at issue – the...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

Buckingham, Doolittle & Burroughs, LLC

How to File a Defamation Lawsuit

In a world where information travels at the speed of a click, protecting your reputation is more important than ever. When false and defamatory content is published online, it can rapidly spread to thousands of people in a...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

Elements of Defamation

While litigation can be an effective way of obtaining relief, there are a number of factors to consider before filing a lawsuit – both legal and practical. Typically, a good place to start is determining whether the facts and...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

Allen Matkins

Complaints About Cake Did Not Involve The Public Interest

Allen Matkins on

"Qu'ils mangent de la brioche" Who knew that the decorative cake baking industry could be so contentious?  Three years ago, the United States Supreme Court issued its opinion in Masterpiece Cakeshop, Ltd. v. Colo. Civil...more

Law School Toolbox

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

Law School Toolbox on

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

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

Fisher Phillips

Flipping The Script: Employer Sues Former Worker For COVID-19 Defamation

Fisher Phillips on

In what can only be described as a complete flipping of the script in employment-related litigation, the owner and manager of a suburban Pittsburgh restaurant adversely impacted by the COVID-19 pandemic have sued a former...more

Maynard Nexsen

Fourth Circuit Offers a Quick Look at Defamation in South Carolina

Maynard Nexsen on

In a slander action before the United States District Court on diversity jurisdiction, the jury returned a verdict awarding Plaintiff compensatory and punitive damages. The Defendant’s motion for judgment as a matter of law...more

Pillsbury Winthrop Shaw Pittman LLP

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

Foley Hoag LLP - Making Your Mark

Defamation Takes A Holiday: Slander And The Salem Witch Trials

Hypothetical: You go out for a nice stroll one Halloween only to have a neighbor emerge from his house with a pitchfork and accuse you of being a witch in front of the whole village. For the sake of argument, let’s say you...more

McNees Wallace & Nurick LLC

You Are the Victim of Defamation: Should You Sue?

It is not unusual to get a telephone call from a client or prospective client (let’s call him John), who says, “Somebody is saying false things about me. I want it to stop, I want an apology, and I want damages.”...more

Haight Brown & Bonesteel LLP

Client Alert: Microwave Ovens in “American Hustle” Constitute a Matter of Public Interest

In Brodeur v. Atlas Entm’t, (No. B263379, filed 6/6/16), the California Court of Appeal for the Second Appellate District held statements regarding the safety of microwave ovens in the hit film “American Hustle” constituted a...more

Davis Wright Tremaine LLP

California’s Correction Statute Amended to Protect Online and Weekly Publications

The California Legislature recently amended Civil Code § 48a to make clear that California’s correction statute applies to weekly and online publications performing the same news-disseminating function as a daily newspaper,...more

Dechert LLP

The Defamation Act 2013: To sue or not to sue?

Dechert LLP on

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

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