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Defamation False Statements

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Buckingham, Doolittle & Burroughs, LLC

How to Respond to a Defamation Lawsuit

In our ever more online world, where social media and online platforms facilitate instant communication, the risk of facing a defamation lawsuit is a concern for many individuals and organizations. Defamation occurs when...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

Amundsen Davis LLC

Character Assassination: Responding to Defamation in the Gaming World

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Online gaming Social Mediacommunities are incubators of defamation. Competitiveness combined with the ostensibly impenetrable shield of online pseudonyms and geographic distance from your opponent invites participants to...more

Buckingham, Doolittle & Burroughs, LLC

Defamation vs. Free Speech

The concepts of defamation and free speech often collide, raising questions about where the line should be drawn between the right to express oneself and the responsibility to prevent harm to others. While free speech is one...more

Smith Debnam Narron Drake Saintsing & Myers,...

North Carolina Defamation Laws in Divorce or Domestic Violence Cases

A jury awarded Johnny Depp $15 million in damages in a defamation suit against Amber Heard, who had alleged domestic abuse against him in an op-ed. Donald Trump was ordered to pay over $80 million in a defamation suit brought...more

Freiberger Haber LLP

Pleading With Particularity: Defamation Causes of Action

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As readers of this Blog know, we often write about the pleading requirements under the Civil Practice Law and Rules (“CPLR”). In that regard, many of our articles involve cases in which CPLR 3016(b) is at issue – the...more

Buckingham, Doolittle & Burroughs, LLC

Defamation of a Public Figure vs. Private Figure

Defamation, in general, is designed to provide individuals with a remedy for false statements that harm their reputation. The level of fault you have to prove against the speaker of the defamatory statement varies depending...more

Buckingham, Doolittle & Burroughs, LLC

What Is Defamation Per Se?

What Is Defamation Per Se? An integral component of any defamation claim – whether slander or libel – is pleading and proving that the false and defamatory statement has caused harm. The plaintiff’s burden of...more

Buckingham, Doolittle & Burroughs, LLC

How to File a Defamation Lawsuit

In a world where information travels at the speed of a click, protecting your reputation is more important than ever. When false and defamatory content is published online, it can rapidly spread to thousands of people in a...more

Weintraub Tobin

Podcast: The Briefing - Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

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Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Weintraub Tobin

The Briefing: Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

Weintraub Tobin on

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Amundsen Davis LLC

What to Do if You Are Defamed on Social Media

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Everyone is a little braver when hiding behind their keyboard. Words fly a little easier online where the speaker and target of the speech do not occupy the same physical space. The exponential echoes of manufactured gossip...more

Buckingham, Doolittle & Burroughs, LLC

Libel vs. Slander

Defamation is the act of publishing false and damaging statements about a person or business to a third party. Traditionally, defamatory statements have been separated into two categories: slander and libel....more

Buckingham, Doolittle & Burroughs, LLC

Elements of Defamation

While litigation can be an effective way of obtaining relief, there are a number of factors to consider before filing a lawsuit – both legal and practical. Typically, a good place to start is determining whether the facts and...more

Conn Kavanaugh

Lessons Learned from Amber Heard and Bill Cosby: Homeowners Coverage for Defamation Claims

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We all love to focus on the extravagant lives of celebrities, but how about the mundane aspects of their lives, like insurance? It might surprise you that many well-known people have used their homeowners insurance policies...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

Warner Norcross + Judd on

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

ArentFox Schiff

Big Lie Means Big Payout in Defamation Lawsuit Against Fox News

ArentFox Schiff on

Immediately before opening statements were to begin, Dominion settled its defamation lawsuit against Fox News for its coverage of Donald Trump’s “Big Lie” about the 2020 presidential election for a landmark $787.5 million. ...more

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

WilmerHale on

In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Amundsen Davis LLC

Defamation or Permitted Political Speech: Illinois Courts Weigh in on Negative Campaign Ads

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Each election season, political campaigns volley focus-group-tested attacks against opponents hoping something will stick. These political advertisements however, often lead to legal disputes....more

Weintraub Tobin

Podcast - The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Weintraub Tobin

The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.  The Court holds that charitable organizations...more

McGlinchey Stafford

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

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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

ArentFox Schiff

Big Lie Could Mean Big Trouble for Fox News in Defamation Case

ArentFox Schiff on

Smartmatic’s defamation lawsuit against Fox News for its coverage of Donald Trump’s “Big Lie” may proceed to discovery after a New York judge denied Fox News’s motion to dismiss, citing the “litany of outrageous claims” about...more

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