Largest Defamation Lawsuit In Utah
Description
Form popularity
FAQ
The amount one can sue for defamation varies widely based on several factors including the severity and extent of damage caused by the defamatory statement. However, damages typically range from thousands to millions of dollars depending on circumstances such as loss earnings and emotional distress.
Truth is the first, and easiest, defense to a defamation claim. As discussed in the elements of defamation, the statement about you must have been false. If a Defendant can show that the statements were true, or even substantially true, then they could defeat a claim for defamation.
Truth, or substantial truth, is a complete defense to a claim of defamation.
Generally, to win a defamation lawsuit, you must prove that: Someone made a statement; The statement was published; The statement caused your injury; The statement was false; and. The statement did not fall into a privileged category.
In Utah, person claiming defamation must prove that: The information was false and unprivileged. In publishing the statements, the defendant acted with the “requisite degree of fault.” When applied to a private individual, this requires simple negligence, while a public figure must prove actual malice.
A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'. If a corporation is suing for defamation, it needs to prove that it has suffered 'serious financial loss' as a result of the publication of the allegedly defamatory matter.
Definition: defamation from 28 USC § 4101(1) | LII / Legal Information Institute.
Truth is an absolute defence to defamation. The defendant must prove that the defamatory statements were, in fact, true. For instance, if the statements concern the quality of goods or services, the defendant could provide independent testing or other evidence supporting the truth of the claims.
