which will insulate you from liability for defamation. This usually comes into play because people mistakenly believe that only facts are actionable defamation. Wrong. An opinion can form the basis of a cause of action for defamation (slander, libel, and trade libel too) if it implies undisclosed defamatory facts. So just because you say "in my opinion, Joe Shmoe is a … [Read more...] about There Are No Magic Words . . .
Defamation
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
Libelous Statements Must Be Specifically Identified
Enough! Enough of the vague allegations that leave defamation defense counsel (like myself) wondering what you mean when you plead, for example, that "defendant made statements indicating that plaintiff is dishonest and is a liar." That is not enough to properly state a cause of action for libel or defamation! “The general rule is that the words constituting an … [Read more...] about Libelous Statements Must Be Specifically Identified
Is Speaking Ill of The Dead Considered Defamation?
"De mortuis nil nisi bonum" We've all heard the phrase "speak no ill of the dead," right? It's a phrase that's been passed down through the ages and I think most times people speak rather favorably about the departed. But not always . . . Now, admittedly, I hate to write about such a morbid topic around the holidays (I suppose I should have written this … [Read more...] about Is Speaking Ill of The Dead Considered Defamation?
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