The answer appears to be yes. In a recent unpublished passage of a published decision, the Court of Appeals wrote the following: In the case of a broadcast, we are required to consider: the impact of visual effects (White v. Fraternal Order of Police (D.C. Cir. 1990) 909 F.2d 62 512, 526; Southern Air Transport, Inc. v. American Broadcasting (D.C. Cir. 1989) 877 … [Read more...] about Can Courts Consider The Impact of Images And Sounds In The Defamation Context?
Small Businesses Strike Back!
Yelp reviewers are the bane of many small businesses. One reviewer can potentially devastate a business with a few keystrokes and the business owner has limited options to counter the impact of the review. One of their options might be to file a defamation suit, but it is very difficult to pull off and in some situations makes the situation much worse. Which is why … [Read more...] about Small Businesses Strike Back!
Are You Sure You Want to File An Appeal?
The vast majority of defamation appeals are taken after a trial court has granted a special motion to strike, also known as an anti-SLAPP motion. Most of these appeals are affirmed. In other words, the appeals are unsuccessful. And while most appeals (other than defamation) are unsuccessful, losing an appeal in the defamation context can be particularly costly. The … [Read more...] about Are You Sure You Want to File An Appeal?
The Litigation Privilege Applies To Settlement Letters Directed To Counsel
The Second District of the California Court of Appeals published two cases involving defamation in the span of one week. The first case involved the Staples Center Owners and this next case deals with a little known issue--the litigation privilege. The Appellants were defendants in an earlier case where the plaintiffs offered to dismiss one of the defendants on … [Read more...] about The Litigation Privilege Applies To Settlement Letters Directed To Counsel
Special Damages Must Be Specifically Alleged
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