Searching Content indexed under Libel & Defamation by Holland & Knight ordered by Published Date Descending.
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Religious Institutions Update: March 2015
Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative inquiry of considering what their religious beliefs mean for their governance structure, employment relations and delivery of services.
United States
6 Mar 2015
Court Rules Reporting On Teen's Felony Cyberbullying Case Privileged
The plaintiff's claims were premised on two news reports about her felony case for cyberbullying, which prosecutors later abandoned.
United States
5 Feb 2015
Creating Fake Customer Reviews Site Could Be False Advertising And Trade Libel
Internet users are increasingly turning to "regular people" as a lodestar for whether to purchase goods or services.
United States
25 Jul 2014
Reviews Posted Under A Pseudonym Could Be Defamatory
As written on this blog before, plaintiffs often have difficulty when alleging claims of defamation against anonymous defendants.
United States
17 Jul 2014
Message Board Post Highly Critical Of Company Is Opinion And Thus Not Defamatory
An essential defense to a defamation claim is "pure opinion." In other words, if the defendant can show that the statements alleged to be defamatory are opinions protected under the relevant free speech laws, the defamation act will necessarily fail.
United States
15 Jul 2014
Sixth Circuit Vacates Lower Court Judgment And Awards Website Operator Immunity
In August of 2013, this blog wrote about the case Jones v. Dirty World Entertainment Recordings, LLC, 965 F. Supp. 2d 818 (E.D. Ky. 2013).
United States
25 Jun 2014
Virginia Supreme Court Agrees To Hear Appeal In Yelp Users Defamation Case allows users to write reviews about experiences at businesses they've visited. It also permits users to browse the posted reviews.
United States
18 Jun 2014
Sixth Circuit Holds Website Cannot Be Liable For Postings, Reversing Lower Court
In an important decision issued today, the Sixth Circuit held that the operators of could not be held liable for postings by third parties.
United States
17 Jun 2014
Pejorative Statements By Former Patient Are Not Defamatory, But Protected Opinion
It is fair to say that doctors trade on their reputations more so than most other professionals.
United States
2 Jun 2014
D.C. Court Of Appeals Permits Early Anti-SLAPP Appeals For Anonymous Speakers
In a victory for anonymous speech, journalists and free speech advocates, the D.C. Court of Appeals issued its first decision under the D.C. Anti-SLAPP statute.
United States
2 Jun 2014
Florida Court: Blogger Entitled To A Pre-Suit Retraction Demand For Alleged Defamatory Comments
In Comins v VanVoorhis, a Florida court has addressed the question of whether bloggers should be treated as "publishers" under defamation and libel law.
United States
17 Apr 2014
U.S. Supreme Court Adds "Relevant Reader Or Listener" To "Material Falsity" Defamation Analysis
The United States Supreme Court, in a non-media defamation ruling, has held that courts must now consider "the relevant reader or listener" in considering the falsity element in defamation lawsuits
United States
30 Jan 2014
U.S. Supreme Court Holds Airline Entitled To ATSA Immunity In Pilot Defamation Case
In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements.
United States
29 Jan 2014
Prior Restraint Vacated In Lawsuit By Haiti's Prime Minister
A federal district judge in Miami vacated a prior restraint forbidding a U.S.-based Haitian journalist from ever publishing anything relating to the prime minister of Haiti. Prime Minister Laurent Lamothe sued Leo Joseph for defamation, alleging that Joseph published defamatory articles in his newspaper, Haiti-Observateur.
United States
16 Jan 2014
Court Rules Article Reporting About "False Testimony" Not "Actual Malice"
A Maryland court dismissed a defamation lawsuit against a newspaper, filed by a former chief deputy state's attorney, over articles reporting that he had given "false testimony" about a murder investigation.
United States
15 Jan 2014
Hyperlinking Within An Online Article Could Immunize The Speaker Against A Defamation Claim
For even the most novice internet user, hyperlinks are undoubtedly helpful to the browsing experience.
United States
11 Nov 2013
Angry Facebook Posts And Tweets By Passenger About An Airport Employee Considered Expression Of Frustration And Therefore Not Defamatory
Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another to obtain cognizable redress if those words cause subsequent emotional or physical harm.
United States
23 Oct 2013
Choosing A Specific Domain Name And Adding Commentary To Defamatory Posts Causes Host To Lose §230 Immunity
Via Section 230, the Communications Decency Act provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties.
United States
16 Aug 2013
Two Federal Cases Hold Website "Responsible" For Postings On
Jones and Hare address what conduct by website operators will render them "responsible for creating" defamatory statements by others posted on their websites.
United States
5 Feb 2013
Judge Dismisses "Fun Center" Defamation Lawsuit
A Tallahassee, Fla., trial court has thrown out a defamation suit against a television station, filed by an amusement center concerning reports about a police investigation.
United States
4 Feb 2013
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