Today's point is an obvious but important one: Special damages must be specifically alleged in a defamation complaint. Let me give you two examples to show you what I mean: One where the court said the pleading was sufficient, and one where the court said it was not. In one case plaintiff alleged that because of defendant's publication of the libel, he lost his job with a … [Read more...] about Special Damages Must Be Specifically Alleged
Archives for 2009
Why Retractions Must Specifically Identify Each Plaintiff
Retractions matter. Let me repeat and emphasize. Retractions really matter. This is what the owners of the Staples Center in Los Angeles learned yesterday when the California Court of Appeals, Second District, determined that Plaintiffs' retraction was not sufficiently specific. In Anschutze Entertainment Group, INC, et al. v. Frank W. Snepp III, et al., Plaintiffs … [Read more...] about Why Retractions Must Specifically Identify Each Plaintiff
Should Government Be Involved in Controlling The Cost Of Defamation Litigation?
The UK Ministry of Justice announced new proposals today aimed at cutting the rising costs associated with defamation cases. One of the proposals is placing a cap on hourly rates or setting fixed maximum rates for attorneys. Presumably, this would discourage some attorneys in the UK from filing defamation suits in favor of pursuing other, more profitable cases. It may … [Read more...] about Should Government Be Involved in Controlling The Cost Of Defamation Litigation?
Is Defamation Litigation Out of Control?
Many people believe that defamation of character litigation is out of control. They go on and on about how rising costs are encouraging defendants to settle "frivolous" cases and "abusive" discovery procedures are chilling free speech. But they don't really offer any solutions to this so-called problem. Instead, they just talk, talk, and talk, and it's … [Read more...] about Is Defamation Litigation Out of Control?
How To Make California Defamation Law Blog More Useful To You
The whole point of writing the California Defamation Law Blog is to provide you with the best possible information out there on the subject of California defamation law. I really love this stuff and I truly want you to get the most out of this blog. Here are some tips that'll get you on your way. Subscribe by either e-mail or RSS feed You can get regular updates … [Read more...] about How To Make California Defamation Law Blog More Useful To You