Massachusetts Complaint for Damages and Declaratory Judgment - Publication of false statements

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Control #:
US-CMP-10060
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Description

This form is a complaint for interference with a business relationship. It is broadly worded enough to be used in many situations, but will need to be adapted to your own set of facts and circumstances. Because this is a generic form, efforts must be made to comply with your state's pleading rules.
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FAQ

A cease and desist letter for defamation informs the recipient that you will take further legal action against them if they do not stop their defamatory statements about you. The letter should clearly identify the defamatory statements and specify the ways in which they are harming your or your business's reputation.

Here are the four categories of defamation per se: Saying that someone committed a crime or immoral conduct. Saying that someone had a contagious, infectious, or "loathsome" disease. Saying someone engaged in sexual misconduct or was unchaste. Saying something harmful about someone's business, trade, or profession.

Libel per se in this context seems to encompass statements that charge the plaintiff with a crime, that allege the plaintiff has certain diseases, or that may prejudice the plaintiff's profession or business.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

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.?

Examples of libel per se include statements that falsely claim that a person committed a crime of moral turpitude and claims that a person suffers from a ?loathsome disease.? Unlike in a traditional action for libel, in an action libel per se, malice is presumed, and damages may be recovered without the plaintiff ...

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.?

Under Massachusetts law, 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.

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...

Another form of misrepresentation in consumer fraud law is ?negligent misrepresentation.? This type of misrepresentation occurs when one party states a careless claim or has not enough evidence to believe that a statement is true.

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Massachusetts Complaint for Damages and Declaratory Judgment - Publication of false statements