Identify the false statements: Clearly outline the defamatory remarks and where they were made. Describe the harm: Explain how the statements have affected your reputation or career. Request retraction: Demand the removal of defamatory content or a formal apology.
In Illinois, a plaintiff must file a defamation lawsuit within one year after the defamatory statement was made, so it is important act quickly. To speak with one of our experienced defamation litigation attorneys, call us at (630) 560-1123 or visit us at our website at .DGLLC/contact.
A cease and desist letter is typically sent when someone is engaging in activities that violate your rights or cause harm, such as intellectual property infringement, harassment, or defamation. It's often the first step in addressing the issue without immediately resorting to legal action.
The Illinois Supreme Court considers five types of statements to be defamatory per se: (1) accusing a person of committing a crime, (2) accusing a person of being infected with a “loathsome communicable disease,” (3) accusing a person of lacking ability or integrity in the performance of job duties, (4) statements that ...
Under Illinois law, the elements of a defamation claim are: (1) a false statement about the plaintiff (2) made to a third party (sometimes referred to by courts as publication) (3) that harms the plaintiff's reputation.
The statute of limitations for defamation in Illinois is one (1) year. 735 ILCS 5/13-201. It states: Defamation – Privacy.
In order to state a claim for defamation under Illinois law, the plaintiff must show that the defendant made a false statement concerning plaintiff, that there was an unprivileged publication of the defamatory statement to a third party by the defendant and that the plaintiff was damaged.
In Hardiman v. Aslam, 2019 IL App (1st) 173196, the court stated: “to prove defamation, a plaintiff must show that the defendant made a false statement about the plaintiff, there was an unprivileged publication to a third party by the defendant, and the statement damaged the plaintiff.” ¶4.