If the defamation tends to injure the plaintiff in his or her business or profession, it is deemed defamation per se, and damages will be presumed. Whether a statement is capable of a defamatory construction and damaged the victim is a question of law.
it is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed for a case to exist. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. Statements of opinion that cannot be proven true or false.
Public disclosure of private facts
public disclosure of private facts, arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. Unlike libel, truth is not a defense for invasion of privacy. If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.
The essence of the law derives from a right to privacy, defined broadly as "the right to be let alone." It usually excludes personal matters or activities which may reasonably be of public interest, like those of celebrities or participants in newsworthy events
You must must prove that the statement caused harm
Statements made as "facts" are frequently actionable defamation. Statements of opinion or pure opinion are not actionable. To win damages in a libel case, the plaintiff must first show that the statements were "statements of fact or mixed statements of opinion and fact" and second that these statements were false. One of the major tests to distinguish whether a statement is fact or opinion is whether the statement can be proved true or false in a court of law. Statements made in a good faith and reasonable belief that they were true are generally treated the same as true statements. an insult that is not necessarily defamatory because it is not intended to be taken literally or believed, or likely to cause real damage to a reputation. The definition of terms differ between different states, and under federal law. Some states codify what constitutes slander and libel together into the same set of laws.
Serous libel cases in Las Vegas
The four (4) categories of slander that are actionable per se are (i) accusing someone of a crime; (ii) alleging that someone has a foul or loathsome disease; (iii) adversely reflecting on a person's fitness to conduct their business or trade; and (iv) imputing serious sexual misconduct. you need only prove that someone had published the statement to any third party for this kind of case. No proof of special damages is required. In May, 2012 an appeals court in New York, citing changes in public policy with regard to homosexuality, ruled that describing someone as gay is not defamation.
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Howard Roitman, Esq.
8921 W. Sahara Ave.,
Las Vegas, Nevada 89117
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