Yesterday I wrote about the statute of limitations for an action for libel or slander, which is one year. But when does the clock start running, or in legal terms, when the does the action begin to accrue? For torts, the answer is generally when the injury occurred. But that's not always the case. In some situations, courts will apply the so-called … [Read more...] about Does The Discovery Rule Apply To Defamation Cases?
Archives for 2008
How Long Can You Wait To File A Defamation Lawsuit?
In California, you have one year from the date of publication in which to file an action for libel and slander. Code of Civil Procedure § 340(c). That's right. Only one year. Lawyers call this a "statute of limitations." Therefore, do not wait to file a defamation claim or you may lose the right to do so. … [Read more...] about How Long Can You Wait To File A Defamation Lawsuit?
Foreign Court Decides Linking To Third Party Content Is Not Libel
The Canadian Supreme Court held that linking to third party content is not libel in Crookes v. Wikimedia Foundation, Inc. (Sup. Ct. Aug. 29, 2008). For a detailed discussion of the case, read Jeffrey D. Neuburger's post at Mediashift. Since the court limited its ruling to the particular facts of the case, it left open the possibility of future libel … [Read more...] about Foreign Court Decides Linking To Third Party Content Is Not Libel
Linking to third-party content: Does Section 230 Provide Immunity?
Eric Goldman of the Technology Law Blog seems to think so and I agree. The Communications Decency Act was passed in 1996 and later was interpreted by courts to immunize internet service providers form torts committed by users of their systems. In specific, it says: "No provider or user of an interactive computer service shall be treated as the publisher … [Read more...] about Linking to third-party content: Does Section 230 Provide Immunity?
Lawyer In Defamation Case Sanctioned $14,000
A lawyer being sued by a New York law firm for defamation made the unfortunate mistake of attempting to implead opposing counsel as a third-party defendant in the lawsuit. As a result, the attorney was sanctioned by the court in the sum of $14,000 for employing a "frivolous" tactic. For more about this story, read the Corporate Legal Times. This … [Read more...] about Lawyer In Defamation Case Sanctioned $14,000