What Is The Definition Of Trade Libel?
"Trade libel is defined as an intentional disparagement of the quality of property, which results in pecuniary damage to plaintiff." Erlich v. Etner (1964) 224 Cal.App.2d 69, 73, 36.
What Are The Elements Of A Cause Of Action For Trade Libel?
In reviewing some of the topics that we've covered on the California Defamation Blog, I noticed that the topic of Trade Libel is conspicuously absent so I'm going to fix this over the next few posts.
Today's post is short and simple. Here are the basic elements of a cause of action for Trade Libe to get us started:
- Defendant's false statement;
- Publication;
- Of matter disparaging the quality of another person's property or services;
- which the publisher intended to cause harm to the owner, or should have recognized as being likely to cause it; and
- Causation of pecuniary harm or loss.
Computerexpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1010.
In the next post we'll discuss the nature of the tort of Trade Libel.
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Book Review: Google Bomb
"The day was September 19, 2006, a Tuesday. It was a little before 2:30 in the afternoon and the weather was sunny in beautiful Fort Lauderdale, Florida. The surf was up just down the street and my stomach was riding a wild wave as the jury of six somberly filed into the nearly empty courtroom.
I had no idea what to expect. David leaned a little closer and whispered, "Well, this is it . . . " I wished for something I could hold onto besides his words since my legs weren't feeling very steady as the bailiff, a very kindly looking older man, intoned, "All rise."
The Honorable Judge John Luzzo, in flowing black robe and wearing his duties with appropriate dignity, took his elevated seat on the bench and asked the foreman, "Has the jury reached a verdict?"
"We have, Your Honor." She handed their verdict to the bailiff, who gave it to the judge--he nodded in seeming approval--then back it went from the judge to the bailiff to the foreman. The air was trapped in my lungs and the pound of pulsing blood was in my ears as she began to read, line by line, the jury's unanimous decision.
Suddenly I was crying and I couldn't stop the tears that were streaming down my face . . ."
The reason Sue Scheff was crying was because she had just been vindicated. She had just won the largest internet defamation verdict in history in the staggering sum of 11.3 million dollars! But even more important than the substantial award, she had been able to present her story to 6 objective individuals who came to understand her and her terrible situation.
This is the story of Sue Scheff in her book, Google Bomb.
First off, let me say that this book has my highest recommendation. This is the first book review I have done on this blog, and for good reason. I only present extremely high quality information to the readers of this blog. Period.
And this book fits the bill.
Now let me discuss specifically what I enjoyed about the book and why you should buy it right now.
There are two authors. Sue Scheff and John W. Dozier, Jr. Sue Scheff shares her personal story and all the emotions and feelings that she experienced as a result of being defamed online. She also discusses the litigation process from her point of view, which is eye-opening and instructive for laypersons and lawyers alike.
John W. Dozier, Jr., writes about the legal aspects of a Google Bomb attack and offers expert tips to protect one's reputation online. John is perhaps the foremost expert in internet defamation law in the country and I respect him tremendously. I believe he is on the right side of this debate and when he writes/talks people listen.
The book is chock-full of expert tips and strategies to manage your reputation online. Pages 203-208 alone are worth the cost of the book.
I would love to write more about the book but I don't want to give away any of the extremely valuable information in there.
Click here right now to add this book to your library.
Thank You Dear Readers
We started this blog just over a year ago.
Whether you are a new reader of the California Defamation Law Blog or whether you are one of the first few, I am so thankful to have you here with me. I love writing this blog and so many cool things have happened recently - and all of it - I mean all of it - could not have been possible without you.
While we are a relatively young blog, we have seen great things. For example, we now rank #1 in Google for many important key terms related to defamation law. Take a gander below:
Anyhow. Just wanted to write a quick post to thank you.
I have a lot of exciting things planned for this blog in the upcoming year.
Upcoming Teleseminar: "Protecting and Maximizing Your Online Search Engine Reputation"
On August 28, 2009 at 9:00 a.m. Pacific Standard Time I'll be participating in a highly informative teleseminar with Jay Fleischmann on the topic of:
"Protecting and Maximizing Your Online Search Engine Reputation."
The best part is that it's absolutely FREE!
This call will be full of useful and valuable information you will be able to use immediately to protect and enhance your reputation. Jay and I really want to help you "claim your name" on Google and the other search engines.
Space is limited so you need to register now before someone takes your spot. I believe Jay will only be allowing about 250 people to be on the call, and the last I heard, there aren't many spaces left. So don't wait.
All you have to do is go to the following website and become a "fan." That's all there is to it.
Talk to you soon!
Los Angeles Superior Court Reduces Operations In Wake of Financial Crisis
Los Angeles litigants, lawyers, and court staff just got a jolt of reality this week when the planned "furloughs" began on Wednesday.
If you don't know already, as a result of the financial crisis in California, the Los Angeles Superior Court was required to "substantially reduce its operations and furlough employees the third Wednesday of every month beginning on July 15, 1009." except for essential services. To see a list of essential services click here.
So what does this mean for you? Well, it means that it'll be that much harder to get your case in front of a judge in a timely manner, which I believe, will particularly affect plaintiffs. (I noticed that the court room was extra busy today). It will also mean (likely) that more filing errors will be made because the clerk's office simply does not have enough staff to deal with the current amount of documents being filed every day.
On the bright side, at least courts will remain open to handle essential services. To see a list of essential services click here.
[In reality, there is no bright side because the Court expects the crisis to last at least another four years]
Happy Friday!
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Speaking: Social Networking For Lawyers: A Roadmap To Success
I'm pleased to be part of an impressive panel including entertainment attorney Gordon Firemark; class action attorney H. Scott Leviant; Barger & Wolen Marketing Director Heather Milligan, and mediator attorney Victoria Pynchon, to discuss how lawyers can use and benefit from social media.
The Details:
Los Angeles County Bar Association's Second Annual Small Firm and Solo Practitioner Conference, June 24-25.
Social Networking For Lawyers: A Roadmap to Success
Thursday, June 25. 9:15 - 10:30 a.m.
In this interactive session we will explore the buzz surrounding social networking and social media tools and how solo and small firms practitioners can effectively employ them to communicate with current clients; control your messaging as you reach out to new clients and the media; and to meet, network and collaborate with colleagues.
Our panel of solo and small firm attorneys will discuss their experiences with blogging as a social media tool, and we will spotlight several social networking applications, including Twitter, Facebook, and LinkedIn. By calling upon their personal experiences, our panel will highlight best practices for how you can incorporate these and other Web 2.0 applications into your business development, PR and networking activities.
You don't want to miss this event!
