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…

A bitter, former partner posted three fake online reviews. Of course, all posts were negative. Jury awarded $150,000 in punitive damages. Check out this case from Missouri: Fake Online Reviews Lead To Big Defamation Damages | Lawinfo Blog

I tell folks all the time that defamation cases are difficult. There are elements that the Plaintiff needs to establish. Plus, even if those elements are established, certain defenses may be available. Oh and it is virtually impossible in the context of a phone call, email or initial consultation for any attorney to tell you…

A couple from Texas was recently awarded $13.78 in an online libel case. There were over 25,000 libelous posts! The defendants unsuccessfully fought a subpoena to have their identities revealed. The ruling shows that people who defame others online cannot assume their identity will be protected by internet service providers or hosting companies. Read about…

In a defamation case, a plaintiff has to prove the following: 1. The defendant published a defamatory statement; 2. The statement identified the plaintiff to a third person; 3. The statement was published to a third person; and 4. The plaintiff’s reputation was injured. The last of these requirements is where the majority of potential…

In three separate libel cases, bloggers got hammered. The verdicts: 1. $900,000 2. $553,000 3. $404,000 Ouch. Clearly not every unflattering statement online is libelous. In fact, there are many defenses to defamation cases including the First Amendment and absolute truth. But the message has been sent. With the right set of facts, juries are…

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