Hi, How Can We Help You?

Tag Archives: Damages

Former State Troopers Sue London Mayor for Libel in Response to Podcast Comments

Author By Todd McMurtryPosted on

Social media platforms and podcasts give individuals the chance to reach a broad audience without having to go through a traditional media outlet. This can be empowering for someone who cannot convince a newspaper, broadcast station or book publisher that their message is worthwhile. On the other hand, without a structure in place to filter out potentially defamatory content, speakers risk serious legal problems if they make a false statement about someone else.

Even municipal officials can face libel suits. The mayor of a small Laurel County town is now the defendant in two separate legal actions stemming from comments he made on a podcast. According to two former Kentucky state troopers, London Mayor Randall Weddle made false and damaging statements about them. Elijah Jarvis has also sued Weddle based on material from a True CrimeCast episode. 

Brothers James and John Phelps say that Weddle accused them of sexual misconduct and other serious crimes, including murder. Their legal action alleges that these false statements have harmed their career prospects and reputations within their community. 

Defamation claims in Kentucky generally require a plaintiff to demonstrate the following four things:

  • False, defamatory statement — Should the case go to court, the trier of fact will evaluate the truth of Weddle’s comments. In some cases, defamation plaintiffs must show how the statements at issue harmed them. However, baseless accusations of criminal activity and sexual misconduct are known as defamation per se, meaning that we can assume that they would damage plaintiffs’ reputations.
  • Publication to a third party — Speaking a damaging falsehood to a third party is slander, while wider publication, such as through a podcast, constitutes libel. According to news reports, the True CrimeCast has more than 1,000 YouTube subscribers. 
  • Fault, amounting to at least negligence — In cases involving public figures, actual malice on the defendant’s part is required. This means that the speaker knew what they said was a lie or acted in reckless disregard of the truth. When the plaintiff is not a public figure, liability only requires negligence on the defendant’s part.
  • Damages — There are several ways to show damages stemming from defamation, including harm to career opportunities and symptoms of emotional distress. Even unproven allegations of criminal and sexual misconduct could change someone’s life measurably. 

Whether it’s on a podcast or anywhere else, false statements about you should not go unchecked. Hemmer Wessels McMurtry PLLC in Fort Mitchell handles libel and slander actions so that those who defame others are held to account. To speak with an experienced Kentucky lawyer, please call 859-344-1188 or contact us online. 

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

How Business Defamation Differs From Personal Defamation

Author By Todd McMurtryPosted on

Defamation is a false statement presented as fact that injures the reputation of the person or entity about whom it is made. In a lawsuit alleging defamation of a business, the damages that need to be proved must be related to the business’s economic losses. These can consist of harmed relationships with customers, suppliers, and investors, ultimately affecting sales, profits, and overall market position. Unlike in personal defamation actions, business defamation damages are usually not presumed.

The following are types of damages that a business can prove in a defamation lawsuit:

  • Actual damages — A business can demonstrate that the defamatory statements have caused direct financial harm, such as loss of sales, customers or contracts; reduced profits; or expenses incurred in counteracting the defamatory statements. Actual damages are often the primary form of relief sought, as they represent the concrete impact on the business’s bottom line.
  • Reputational harm — In proving reputational harm, the business must show that the defamatory statement resulted in a loss of goodwill, that is, the trust and loyalty among customers that the company has built over time. This may be difficult to quantify precisely but can be inferred from other evidence, such as customer testimonials, expert testimony, or financial performance indicators.
  • Loss of business relationships — Defamation can cause a company to lose valuable relationships with suppliers, distributors or other business partners. If the defamatory statement falsely suggests that the business is unreliable or unethical, it could result in a diminution of trust and credit, which could harm the company’s operations and bottom line.
  • Punitive damages — These damages might be awarded if the business can prove that the defamation was committed with actual malice, that is, with knowledge of the falsity of the statement or with reckless disregard for the truth. Punitive damages are awarded not to compensate for harm but to punish the wrongdoer and deter similar conduct in the future.

The primary difference between defamation of a business and defamation of an individual lies in the relative availability of presumed damages. For certain types of defamation of an individual, damages for reputational harm need not be proved, such as when the defamatory statements are classified as libel per se or slander per se. Examples are false statements alleging someone committed a crime, has an infectious or contagious disease, has been engaged in sexual promiscuity or is unfitness to perform their profession. The reason for presumed damages is that an individual’s personal reputation is usually of unique importance and that defamation has a direct, immediate social impact. 

For a business, however, presumed damages are generally not awarded unless the plaintiff can show actual malice or demonstrate that the defamation was of a nature that inherently caused harm to the business’s commercial reputation. An example is where the false statements impugned the plaintiff’s trademark or brand to the point that it is irreparably weakened. Although the harm is speculative, it may warrant damages if it is reasonably quantifiable and traceable to the alleged defamation. 

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Dominion Voting’s $1.6B Suit Against Fox News Shows Challenge of Proving Libel Damages

Author By Todd McMurtryPosted on

Libel consists of making untrue, harmful statements to third parties through writing, printing, broadcasting, pictures or other media. Because these means of communication create a record of the defamation, they can have a lasting impact on the reputation of a business. But if someone libels your company, you have a legal remedy only if you can prove what injuries the statements have caused.

Business libel has been much in the news recently because of the lawsuit filed by Dominion Voting Systems, Inc., and its affiliated companies, against the Fox News Network. Dominion, which supplies voting machines to election districts throughout the U.S., asserts that Fox broadcast groundless allegations by then-president Donald Trump’s political allies that Dominion was involved in 2020 election-rigging. Dominion seeks damages of $1.6 billion for reputational damage. Fox contends there is no evidence that Fox’s reporting has done harm to Dominion’s revenues or profitability such as would justify damages on the scale sought.

The trial, expected to last five weeks, is scheduled for late April. Whatever the outcome, the lawsuit offers a concrete lesson about the difficulty of proving damages in a libel claim.

The elements of a libel claim are as follows:

  • The defendant made an untrue statement of fact (not merely a statement of opinion).
  • The defendant made the statement to a third party or publicly.
  • The defendant was at least negligent in checking the accuracy of the statement or, if in reference to a public figure, the defendant made the statement with knowledge of its falsity or with reckless disregard for the truth.
  • The plaintiff suffered damages as a result of the defamatory statement, except for rare cases in which the defamation is so egregious that damages are presumed.

Dominion, which is a public figure, argues that emails and deposition testimony of Fox employees and its owner, Rupert Murdoch, show that Fox knew the allegations of election-rigging were false.

However, Dominion also needs to produce evidence of any damages the business suffered and of their connection to the alleged libel. This includes evidence that Dominion lost customers or business relationships or that the viability of the business itself is in danger. Dominion claims it lost $921 million in overall business value, $88 million in actual profits and $600 million in potential future profits. The company also seeks punitive damages.

In a business libel case, an experienced and skilled defamation attorney knows how to demonstrate damages that are based on hard economic data and a causal connection to the alleged libel. This may involve a detailed investigation and the retention of expert financial analysts.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

When Can a Worker Sue for Defamation?

Author By Todd McMurtryPosted on

Your ability to earn a livelihood depends in large part on your reputation, which can be heavily based on what your present and previous employers or clients say about you. If you believe that anyone connected with your career made disparaging remarks that hurt your prospects for a job or a promotion, you may be entitled to sue for defamation, seeking money damages.

Proving defamation requires showing that the statements were false, of a defamatory nature, about the worker, made to a third party, made negligently or intentionally, and (depending on the defamatory nature of the statements) caused damages. Because of this exacting standard, there are important things to keep in mind when contemplating such a claim against an employer or other business associate:

  • Some communications are privileged — Employers usually may speak about an employee’s character and qualifications to other parties who have a legitimate interest in that information, such as a hirer or recruiter seeking a reference. This is a qualified privilege, however. It does not cover a false statement made with actual malice — namely, knowledge of its falsity or reckless disregard of whether or not it is true.
  • The statement must have been harmful (i.e., of a defamatory nature) — Even if a knowing false statement can be proved, the plaintiff still must show that an injury resulted, such as reputational damage or emotional distress. This includes showing that the plaintiff’s job prospects were significantly hampered as a result of the defamation.
  • Certain statements are defamatory per se — When false statements are made that an employee committed a crime, engaged in lewd or promiscuous activity or carried on other conduct that would be considered a public disgrace, defamation is presumed to have occurred. The employee may recover punitive damages even without showing actual harm.
  • Opinions are not statements of fact and thus cannot be proven false —An opinion by its very nature is neither true nor false but only an indication of the speaker’s frame of mind. However, the line between opinion and statement is not always clear. Even expressions couched in terms like “I feel,” “I think” or “In my opinion” can be defamatory if they convey false information.

Many companies have adopted best practices that prohibit giving out any data about employees, other than to confirm their job titles and dates of employment. However, offhand comments on the side can be defamatory. What’s more, these communications are usually not protected by the qualified privilege.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.