Law School Toolbox Podcast Episode 306: Listen and Learn -- Intentional Torts: Defamation
Bar Exam Toolbox Podcast Episode 104: Listen and Learn -- Intentional Torts: Defamation
Before filing any civil lawsuit, it is important to consider the possible defenses your opponent may raise. This is particularly important is cases involving defamation, a civil claim that arises from the negligent,...more
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
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
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
"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
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
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
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
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
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
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
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
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