Defamation is a very difficult, amorphous claim. Most potential defamation claims are not pursued because it can be very difficult to prove damages. A “plaintiff must prove actual damages in all defamation cases.” Nazeri v. Mo. Valley Coll., 860 S.W.2d 303, 313 (Mo. 1993) . Stated differently, “[p]roof of actual reputational harm is an absolute…
Legal Articles
Defamation: Privilege Defenses
Defamation consists of (1) publication of a (2) defamatory statement that (3) identifies the plaintiff, (4) is false, (5) that is published with the requisite degree of fault and (6) damages to the plaintiff’s reputation. Nazeri v. Missouri Valley College, 860 S.W.2d 303 (Mo. 1993). There are, among others, two prominent defenses that a defense…
Intra-Corporate Immunity, Defamation
Defamation generally consists of a (1) publication, (2) a defamatory statement, that (3) identifies the plaintiff, that is (4) false, that is (5) published with the requisite degree of fault and (6) damages to the plaintiff’s reputation. Nazeri v. Missouri Valley College, 860 S.W.2d 303 (Mo. banc 1993). The publication must be to a third-person….
Defamation: Slander; Injurious Falsehood
Slander is spoken defamation. Slander occurs when one’s spoken word reflect adversely upon another person’s integrity, character, good name or standing in the community. With slander cases, the plaintiff/claimant has to, more than anything, prove that the slanderous statements damaged his/her reputation. There are four (4) core requirements to slander: the (a) statement identifies the…
Defamation: Libel
Defamation is, in my experience, the most misunderstood legal cause of action. Seemingly every week we hear claims of slander or libel thrown about in political discourse or the internet. I suppose it’s unavoidable when opinions and hyperbole run amok. However, let’s take a look at what is legally required to make a submissible case…