Category Archives: Defamation
Claim for Defamation Differ vs Claim for Defamation Per Se
Florida Law: Defamation vs. Defamation Per Se In Florida, a plaintiff must prove the following elements to succeed on a claim for defamation: a false statement concerning another person or company; an unprivileged publication of the statement to a third party; negligence or intentional conduct on the part of the author of the statement;… Read More »
How Are Damages to Reputation Determined in a Defamation Case?
When a plaintiff in a defamation case alleges damages to his or her reputation, the standard of damages is somewhat amorphous, akin to an award of pain and suffering in a personal injury case. In such cases, the jury is given broad discretion to fashion an appropriate award based upon the circumstances without the… Read More »
AVVO Beware! Lawyer Succeeds in Action Against Former Client for Internet Defamation
The internet has changed the legal profession, mostly for the better. In one particular way, however, the internet presents a hazard for lawyers. That is, some former clients now use AVVO and other review websites to create settlement leverage against the lawyer to waive the lawyer’s outstanding attorney-fee balance. The client accomplishes this leverage by… Read More »
What is Online Defamation and What Are Its Most Common Forms?
The two types of online defamation are libel and slander. Libel is defamation in writing and slander is oral defamation. Both libel and slander may occur online. Libel typically occurs through defamatory online postings, articles, comments, or reviews. Slander may occur through the uploading of defamatory videos and audio files. Because the internet now… Read More »