Defamation Template With Case Laws In Massachusetts
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Massachusetts on Defamation: “A plaintiff alleging libel must ordinarily establish five elements: (1) that the defendant published a written statement; (2) of and concerning the plaintiff; that was both (3) defamatory, and (4) false; and (5) either caused economic loss, or is actionable without proof of economic loss.”
Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering. Also, give the recipient a deadline by which they must retract their statements before you will need to take legal action.
I am writing because you recently made defamatory statements about me my company my company and me. I ask that you immediately retract these statements. On date, you summarize what recipient did that is defamatory.
If you decide to do it alone, your letter should state the specific defamatory statements made, confirm that they are defamatory, indicate the reputational harm caused, demand an apology and retraction of those statements, and demand that they cease making further statements failing which you will sue them.
An effective defamation cease and desist letter will usually begin with a clear and factual introduction of the involved parties. Following this, the letter should present the facts in a chronological order, beginning with the earliest incident and progressing through subsequent events.
A defamatory statement must be an assertion of fact, not an opinion. For example, if your boss says that you are not a very nice person, then that statement is likely to be an opinion. On the other hand, if your boss says you have been stealing from the company, that is a statement of fact, not opinion.
Truth, or substantial truth, is a complete defense to a claim of defamation.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
How to Write a Cease and Desist Defamation Letter 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.
