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…
There are a number of legal elements required to prove a slander case. The most difficult of these elements is usually the requirement that the Plaintiff prove specific damages to his or her reputation as a result of the statement. However, there are certain defamatory statements that are so egregious that the law presumes the…