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Statute of Limitations › Defamation

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
McGlinchey Stafford

Ohio Supreme Court Holds that Defamation Claim is Subject to Discovery Rule

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In a hotly contested decision, a plurality of the Ohio Supreme Court held for the first time that a claim for defamation is subject to the discovery rule, greatly expanding the potential for businesses and individuals to find...more

Kohrman Jackson & Krantz LLP

Victims of Concealed Online Attacks in Ohio Now Have More Time to File Suit

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Last week, the Ohio Supreme Court ruled that victims of anonymous online attacks have an extension of time to file a lawsuit, holding that they can file a suit one year from date the targeted publication is discovered. This...more

Ward and Smith, P.A.

Defamation 101 for Community Associations

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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

Kohrman Jackson & Krantz LLP

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

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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

Weintraub Tobin

(Podcast) The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover

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As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey...more

Weintraub Tobin

The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover

Weintraub Tobin on

As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey...more

McGlinchey Stafford

Can I Recover Fees Under an Offer of Judgment Even if I Lose on Appeal? - McGlinchey Commercial Law Bulletin - June 22 2023

McGlinchey Stafford on

Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866. In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more

Warner Norcross + Judd

Dodging Defamation Dilemmas: Six Hurdles to Know Under Michigan Law

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For plaintiffs, defamation cases are often an uphill battle to prove and win. For defendants, they can be a slam dunk or a fact-intensive battle over defamation defenses. But knowing the hurdles, and how to avoid them, can...more

McGlinchey Stafford

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on

Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

Holland & Knight LLP

Virginia's Not For Lovers: Why Virginia May See More Defamation Claims After Depp v. Heard

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In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three...more

Maynard Nexsen

April 2021 Fourth Circuit Tort & Insruance Cases of Interest

Maynard Nexsen on

Periodically, Nexsen Pruet member Marc Manos, Chair-Elect of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more

Ervin Cohen & Jessup LLP

In Case You Missed It…New Employment Laws in Effect for 2019 (Part 1)

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The California Legislature is currently working on new laws that will go into effect next year.  Indeed, Governor Newsom has already begun to sign some legislation into law (see, for example, the CROWN Act)....more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

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In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

Buchalter

New California Employment Law Changes Effective January 1, 2019 and Beyond

Buchalter on

As the New Year approaches, there are several critical changes in California’s employment laws set to take effect. Many of these changes were driven by the #MeToo movement, which marked its first anniversary in 2018 and is...more

Greenberg Glusker LLP

New Laws Roll Out as the Governor Heads Out

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Governor Jerry Brown has signed a number of laws into effect, many of which are designed to strengthen minority protections and bolster California’s laws against sexual harassment and assault. Many of these laws create new or...more

Troutman Pepper

Materially and Substantively Modifying Online Articles Restarts the Clock in NJ Defamation Claims

Troutman Pepper on

The New Jersey Supreme Court recently held, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman, that New Jersey’s one-year statute of limitations for defamation claims restarts if an online article’s author materially...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Constangy, Brooks, Smith & Prophete, LLP

Denial Isn’t Just A River In Egypt – It May Be Defamation. Ask Bill Cosby.

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This is essentially what recently happened to Bill Cosby. Three women said that Mr. Cosby sexually abused them many years ago, before many of you were born. The incidents fell well outside the statutes of limitations, so the...more

Pullman & Comley, LLC

Appellate Court Notes

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AC35659 - Ceferatti v. Aranow - In this med mal case the Appellate Court held that leaving a sponge in the patient did not toll the SOL under the continuing course of conduct theory so as to avoid SJ in favor of the...more

Foley Hoag LLP - Trademark, Copyright &...

Catholic Priest Permitted To Conceal Non-Privileged Nature Of Defamatory Communication Until Statute Of Limitations Runs

Foley Hoag LLP - Trademark, Copyright &... on

In a recent unanimous decision in Harrington v. Costello, the Massachusetts Supreme Judicial Court (SJC) held that the statute of limitations had run out on a Catholic priest’s defamation claim against his colleague, even...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Bill Introduced To Establish Two-Year Statute Of Limitations For Most New Jersey Civil Actions

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On October 18, 2012, a bill (A3412) was introduced in the New Jersey Assembly to establish a default two-year statute of limitations for most civil actions. Significantly for employers, this would increase the statute of...more

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