Been following the Webster Bank/McMahon dispute?

McMahon claims that her opponent, Chris Murphy, received a sweetheart deal from Webster Bank because of his political connections. Murphy then voted in support of a federal bank bailout that ultimately benefited Webster.

Webster for its part has vehemently denied McMahon’s accusations.

Can Webster sue McMahon?

Yes – but it would be difficult to prevail.

The cause of action would be a very specific type of defamation: trade libel or commercial disparagement.

The general elements of such a claim are:

  1. The statement is false;
  2. The publisher (person making the statement) intends to cause financial loss or reasonably should know that the statement would result in financial loss; and
  3. The statement causes financial loss.

The last prong would be very challenging to establish. How has Webster suffered financial loss? Would they be able to show that McMahon’s statements caused a decline in profits? The number of mortgage applications? Decreased revenue? All of this would have to be directly related to the McMahon claim.

Very tough.

Below is a recent Connecticut Post article on the topic.

I am quoted on page 2. Shameless self-promotion for sure.

Webster Bank demands McMahon retract claims – Connecticut Post

 

CategoryDefamation

© 2018 by Brian D. Kaschel Law Office. All rights
reserved. Disclaimer l Site Map l Privacy Policy l
Website by Six7 Marketing

logo-footer