In doing so, the judge clarified the law of defamation and made clear that certain types of statements about an employee and his or her work performance can not be the
subject of a defamation claim.
This critical analytical distinction gives rise to the requirement that a public figure defamation plaintiff, in addition to proving that the statement was false, must prove a defendant's actual malice (i.e., knowledge of falsity or conscious disregard as to the truth) in order to win a defamation claim.169 The concept itself is fluid and nuanced, providing a purposive device that can be used to ascertain when the «second order»
of defamation claim proposed herein is to be used.
Law firms would never tell any of this to rejected candidates — they're probably afraid of some
kind of defamation claim.
Obtained summary judgment for national media entity in
defense of defamation claims related to a national broadcast of a Massachusetts criminal trial
It may be that the judgment would hold back the
tide of defamation claims against publishers somewhat and might alleviate the need for further legislation on the topic (subject to any appeal, of course).
«The courts need to be required to take proper control of the costs in media cases to ensure that the media does not shy away from covering truthful stories in the public interest for fear of having to meet the
cost of a defamation claim.»
In this lawsuit, Cosby raised an affirmative defense that Singer's demand letters to media outlets were shielded by litigation privilege, meaning that the attorney's statements were in conjunction with an anticipated or actual court action and couldn't form the
basis of a defamation claim.
As
part of the defamation claim, the plaintiff alleged that defamatory material was published by one of the defendants to known individuals on known dates as well as to to unknown people on unknown dates.
To the extent that the statements merely reflect your personal views, rather than stating actual, provable facts, Judge Teefey's opinion makes clear that they can not be the
subject of a defamation claim.