The Tennessee Supreme Court has released an opinion that sets forth the scope of the litigation privilege to pre-litigation activity by counsel. The Court said that "an attorney is privileged to publish what may be defamatory information prior to a proposed judicial proceeding, even though the communication may be received…
The California Supreme Court has ruled that a court may issue an order prohibiting a defendant in a defamation case from repeating statements about the plaintiff that were deemed defamatory at trial. The concern about such a ruling is that an injunction is a "prior restraint" and would be a…
A patient unhappy with the results of her plastic surgery created a website about her experiences. Her surgeon sued her for defamation, infliction of emotional distress, etc. The patient moved to dismiss, lost, and appealed the case to the California Court of Appeals (Third Appellate District). This is how the Court describes…
A Nationwide insurance adjuster met with a personal injury claimant in an effort to settle a claim. The claimant indicated he intended to select a certain attorney as his counsel. The adjuster said that the attorney just took peoples’ money and that the attorney’s clients would receive more money if…
Plaintiff Stanton’s photograph was placed alongside a article entitled “The Mating Habits of the Suburban High School Teenager” that ran in Boston magazine. The opinion describes the photograph this way: “[Stanton’s] is one of five young people pictured in a photograph that occupies the entire first page of the article…
The Donald (as in Trump, not Duck) has sued Timothy O’Brien and Warner Books, alleging that he has been defamed a book written and published by the defendants. Apparently, Donald believes that the defendants have falsely claimed that he exaggerated his wealth. The book is called “TrumpNation.” Read more about…
Remember the anthrax scare in the months following the 9/11 attacks? Remember Mr. Z? If you don’t, this opinion will refresh your recollection. Mr. Z was named in some New York Times articles and did not appreciate being called a terrorist. He sued, had his case dismissed, but the Fourth…
I wrote last week about Mike Price’s lawsuit against Sport’s Illustrated for defamation, which arose after an article that stated that he engaged in sexual conduct with several women in a hotel in Florida. Price was fired from his job. The 11th Circuit Court of Appeals has ordered the defendant…