Kim Kardashian’s Defamation Claim: Smart Or Not?

Faced with a growing backlash from the public for her mini-marriage to NBA basketball player, Chris Humphries, Kim Kardashian has filed a claim for arbitration alleging breach of a confidentiality agreement and defamation. I won’t recount the details about the wedding extravaganza, which was televised, because I think most people are probably familiar with it […]

Cain’s Defamation Lawyer Won’t File Suit

I recently saw an article that discussed whether Herman Cain would file a lawsuit for defamation. Cain has apparently hired a defamation specialist to advise and monitor the situation for him, particularly the proposed joint conference by Cain’s accusers. If the question is whether Cain will file a lawsuit for defamation, slander, or libel, whatever […]

Courtney Love Sued For Tweets Again

In an exclusive, the Hollywood Reporter reports that Courtney Love is being sued once again for Twitter Defamation. This time the allegation is that Love defamed one of her former attorneys, by allegedly suggesting that she had been bought off or accepted a bribe. While I haven’t seen the Complaint yet, a couple of things come […]

UK: Draft Defamation Bill

American defamation lawyers and others have criticized British Libel law for years; and for good reason. Among other things, English law requires the defendant to prove the truth of the alleged defamatory statement, whereas in the U.S., in most states, and in most circumstances, the plaintiff must prove falsity. Because of England’s pro-plaintiff laws, it […]

Is California Defamation Law Unfair?

 I know the world isn’t fair, but why isn’t it ever unfair in my favor? – Bill Watterson, Author of Calvin & Hobbes Watterson’s observation echoes many of the kinds of statements I hear weekly from potential defamation plaintiffs. After listening patiently to their side of the story, (usually several minutes), I begin describing the […]

Does Using The Term “Guilty” Connote A Crime?

Plaintiffs commonly assume that courts will interpret alleged defamatory words in a strict or literal sense. But such is not the case. For example, in one case, a political candidate in Orange County filed a defamation suit against his opponent for discussing the investigation and reprimand of plaintiff for sexual harassment by the state Assembly. […]

The Question Nearly Every Client Asks Me . . .

and which is the WRONG question. It goes something like this: "Adrianos, someone wrote defamatory comments about me on the internet and I want to do something about it. Can I file a lawsuit?" This is the WRONG question. Anyone can file a lawsuit at anytime, whether it’s defamation, libel, slander, intentional infliction of emotional distress, breach […]