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 bad news in detail: Defamation law … [Read more...] about Is California Defamation Law Unfair?
Damages
3 Key Differences Between Defamation And Trade Libel
Comparing defamation and trade libel is like comparing apples and oranges. While both are similar (apples and oranges are fruit), they are fundamentally different in other ways. One key difference between the two is with respect to the harm each is designed to address or protect. Defamation is meant to protect the reputation of the person, whereas trade libel is designed to … [Read more...] about 3 Key Differences Between Defamation And Trade Libel
Defamation Defense: Consent
A less common but no less important defense to a cause of action for defamation is the defense of consent. If the defendant can show that the plaintiff consented to the publication of the alleged defamatory statement or statements, it operates as a complete defense. In other words, defendant wins. Under what circumstances has the doctrine of consent been successful? Well, I'm … [Read more...] about Defamation Defense: Consent
Defamation’s Greatest Hits
If defamation law had a radio station, the following 5 cases would be on heavy rotation. And not just because some of these cases involved large jury verdicts, but because each of them has greatly impacted the way we think and feel about defamation law. This is by no means a comprehensive list. It's simply a list of some of my favorites. Scheff v. Bock - Be careful who and … [Read more...] about Defamation’s Greatest Hits
What is Slander Per Quod?
The California Civil Code lists four subcategories of slander which are termed slander per se. This means that the alleged statement is defamatory on its face. This is important because statements which are slanderous per se do not require proof of actual damages. What does this have to do with slander per quod? Well, in contrast to statements that are slanderous per se, … [Read more...] about What is Slander Per Quod?