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…
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…
Two men who claim they were sexually abused by former Syracuse assistant basketball coach Bernie Fine recently filed a defamation lawsuit against head coach Jim Boeheim. Back in November, Boeheim dismissed the allegations of sexual abuse and called the accusers liars. Boeheim’s attorneys will likely argue that the defamation case involves a “matter of public…
I get calls from people who are exasperated about information posted about them online. They are frustrated and want to know if they have a defamation case. The answer is usually no. The reason is section 230 of the Communications Decency Act which provides Section 230(c)(1) provides immunity from liability for providers and users of…
I often get phone calls from those who feel they were defamed. They are typically upset that someone made a negative statement about them. However, defamation requires more than a negative statement. The statement must be false. If the statement is true, a defamation case will fail. In addition, the statement must cause damage to…