Have u checked out www.topix.com yet for defamatory statement issues?

Kenneth Schneyer <[log in to unmask]> wrote:

*chuckle*  I was waiting for that.

 

First example is clearly a defamatory statement, as it accuses X of a
violation of federal law.  The violation either occurred or it did not;
that is a matter for the jury to decide (consequently a fact).

 

The second example is more difficult.  "Harassed" is sometimes a factual
concept, but "very minor reasons" sounds like a matter of opinion.  If
the speaker had said "no reasons," that sounds more factual, because it
invites the jury to ask whether there was any justification at all.  But
if the truth of the statement hinges on whether the reasons were "very
minor," that seems so subjective as to be unproveable.

 

Ken

 

 

-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Keith A Maxwell
Sent: Thursday, October 21, 2010 10:26 PM
To: [log in to unmask]
Subject: Defamatory statements of fact? OOPS! Rewrite!

 

OOPS!

Recall! Recall! Too much wine! Rewrite of hypothetical follows:

 

How specific do statements of fact need to be to support a cause of
action for defamation? Here are some examples:

"X, my employer, discriminated against me because of my religion."
"X, my landlord, harassed me for very minor reasons."

 

These are clearly stated as facts, but,  if X sues me for libel or
slander are they too vague to withstand a motion for summary judgment?

 

Keith 

________________________________

From: Academy of Legal Studies in Business (ALSB) Talk
[[log in to unmask]] On Behalf Of Keith A Maxwell
[[log in to unmask]]
Sent: Thursday, October 21, 2010 7:59 PM
To: [log in to unmask]
Subject: Defamatory statements of fact?

How specific do statements of fact need to be to support a cause of
action for defamation? Here are some examples:

"X was  discriminated against because of his religion."
"X was harassed by his employer for very minor reasons."

 

These are clearly stated as facts, but, if X sues for libel (or slander)
are they too vague to withstand a motion for summary judgment?

 

Keith