Hi, How Can We Help You?

Tag Archives: Defamation

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.

 

Proving Damages in a Business Defamation Lawsuit

Author By Todd McMurtryPosted on

It can take years for a company to develop a reputation among its customers, suppliers, investors and employees. But that reputation can be quickly impaired when someone disseminates falsehoods about the company, its employees or its goods and services. This is known as business defamation and it may entitle the injured company to legal relief and compensation.

Business defamation differs from personal defamation in that damages are not presumed. The defamed company must prove monetary losses or other economic damages. Further, there must be an identifiable link between the false statements and the harm suffered by the company. The losses must also be reasonably quantifiable, not speculative. In other words, there must be a measurement of the amount of loss attributable to the defamatory statements.

Proving damages caused by business defamation often requires the use of expert witnesses. In many cases, experts demonstrate that the company had a long history of stable financial results right up until the time the defamatory statements were published. Then there was a significant or even precipitous drop in performance. Financial reports and projections also are used to show how the false statements brought actual economic harm to the business.

There are several different kinds of economic losses that may be demonstrated, including:

  • Lost revenue — If the defamatory statements caused an immediate and significant loss in sales, this will be evident in the periodic financial reports. Lost future revenue may be shown in the company’s sales projections. While future revenue is hard to predict, sales projections may be persuasive evidence if the analyses are logical and credible.
  • Lost profits — Revenue and profits are often tied together. However, not all sales generate the same profit margins. Defamatory statements might cause only a modest reduction in revenue but a large drop in net profits. Both recent profit reports and future profit analyses can be used in assessing damages.
  • Lost shareholder value — Defamatory statements can affect the value of the shares. This is particularly important when the stock is publicly traded. Poor financial performance easily affects stock price in the near term. Also, defamation losses may undermine the public’s faith in maintaining or growing shareholder value, which in turn can affect current and future stock prices.
  • Damage control — Companies might spend large sums of money in refuting false claims and pursuing defamation actions. Advertising, public relations firm costs, legal fees are often necessary expenses in countering business defamation. These costs may be compensable in a business defamation lawsuit.

Proving these damages can be complex, especially because valuation of a company’s worth and future prospects is subjective and may be challenged by the defendant’s own experts. An experienced business defamation attorney can analyze your situation and advise about the best approach to proving the case.

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.

 

Federal Court Jurisdiction in Internet Defamation Cases

Author By Todd McMurtryPosted on

Making a false statement about another person may be grounds for the victim to file a defamation action to recover money damages for harm to his or her reputation. Defamation cases are decided under the law of the state where the harmful statement was made or where the victim resides. But in the internet age, defamation often crosses state lines. When it does, the federal courts may have jurisdiction over the case.

Damages for defamation have usually been gauged by the harm suffered by the victim in the community where he or she lives or works, but “the community” has become very difficult to define. Websites and social media platforms like Facebook and Twitter allow instant publication of content nationwide and even worldwide. Depending on the nature of the content and of the victim’s personal or professional situation, a defamatory statement may cause reputation injury far beyond a single geographic area. As such, instances of defamation often occur between people located in different states.

Many claimants in civil matters want their cases heard in federal court rather than state court. The federal courts were created, in part, to prevent any local prejudice against litigants from other states. In addition, juries selected in the federal system may be less prone to bias than those in state courts. However, not all cases are eligible to be heard in the federal system. The federal courts have jurisdiction over civil cases where the litigants are citizens of different states and where the amount in controversy — meaning the potential damages— exceeds $75,000. This is called jurisdiction based on “diversity of citizenship.”

However, the specific requirements of diversity jurisdiction are quite exacting. The federal courts have traditionally applied what is known as the “effects test” to decide whether the defendant has the required minimum contacts with the state in which the defamation allegedly took place. For example, if an Ohio resident posted false statements on the internet about a Kentucky resident, a federal court would exercise jurisdiction only if the statements were aimed at disparaging the victim’s reputation among other people in Kentucky. Generally, the more national in scope a victim’s reputation, the easier it is to establish a target audience that includes his or her state.

Bringing a defamation case in federal court requires careful presentation and attention to detail. Plaintiffs should expect that defendants will strive to have the case remanded to state court. Consult with a qualified defamation lawyer for guidance about possible federal jurisdiction over your matter.

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.