Law School Toolbox Podcast Episode 306: Listen and Learn -- Intentional Torts: Defamation
Bar Exam Toolbox Podcast Episode 104: Listen and Learn -- Intentional Torts: Defamation
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
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
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
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
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
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
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
Report on Patient Privacy Volume 23, no 8 (August 2023) The allegation was shocking and, if true, would devastate the orthopedic surgeon’s reputation. An online commenter accused him of operating on the wrong arm or...more
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
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
The Illinois Supreme Court has ruled out the possibility of a one-year statute of limitations for claims under the Illinois Biometric Information Privacy Act (BIPA). Tims v. Blackhorse Carriers, Inc., No. 127801 (Feb. 2,...more
A cease-and-desist letter is a warning to businesses or individuals to stop certain harmful actions. The letter may even threaten legal action if the recipient does not comply. If you receive a cease-and-desist letter,...more
"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
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
Bitcoin’s back (and no, it never really left), thanks to a rally this morning that pushed its value up as much as 10% at one point in early trading today. Elon Musk’s weekend tweeting and news that presumptive top NFL draft...more
In RGC Gaslamp v. Ehmcke Sheet Metal Co., the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic’s lien is protected by the litigation privilege....more
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
Summary judgment entered in the attorney defendant's favor on grounds of lack of causation in a legal malpractice case was upheld by a Texas court of appeal where plaintiffs' expert's opinions regarding proximate cause were...more
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
Reporting Harassment to Third Parties Constitutes Slander - Precedential Decision by Judiciary or Regulatory Agency - When reporting facts that can form the basis for a complaint of harassment (moral or sexual), the...more
Laser Tone Business Systems LLC v. Delaware Micro-Computer LLC, C.A. No. 2017-0439-TMR (Del. Ch. Nov. 27, 2019). In one of her final opinions before joining the Delaware Supreme Court, Vice Chancellor Montgomery-Reeves...more
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
Although the above quotation sounds as if it could have been written today, it was in fact penned more than three decades ago as part of the successful ballot argument in favor of Proposition 20. As a result of the...more
On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more
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