A defamation claim should be dismissed under the “substantial truth” defense where the “gist” or “sting” of the allegedly defamatory material is true.” Harrison v. Chicago Sun-Times, Inc., 341 Ill.App.3d 555, 563 (1st Dist. 2003) (reporter defendant’s use of the word “kidnapped” conveyed the gist or sting that would have…
The litigation privilege does not apply when a defamatory communication is made to people who have no legitimate “connection to the lawsuit.” Edelman, 338 Ill. App. 3d at 166. The Edelman rule applies whether or not a lawsuit has been filed, whether or not the complaint was shown to outsiders…
While the internal documents Elon Musk dumped onto Twitter turned out not to have been the smoking gun on Hunter Biden that Republicans had been hoping for, it did contain some information on Representative Adam Schiff that might lead to legal action. According to the documents, Schiff lobbied Twitter to…
An Illinois appellate court recently held that a former employee could not maintain his defamation claims against his former employer concerning statements about him allegedly made by certain executives and high-ranking employees of his former employer. The court found that the allegedly defamatory statements were protected by qualified privilege which…
Every business owner knows the importance of online reviews. You might love them or hate them, but there’s no denying that they have a very real effect on your business. One of the first things people look at when investigating a business online is the number and rating of the…
The First District Illinois Appellate Court recently overturned a Cook County Circuit Court’s dismissal of a company’s defamation suit against a competitor. In its ruling, the Court held that a Chicago shipping company can claim it was defamed by emails sent to its management disparaging the company. Having cleared the…
An Illinois appeals court recently found a political candidate in Madison County could not be held liable for defamation for statements in a press release finding that the allegedly defamatory statements were privileged and thus immune from liability. Former Madison County IT director, Rob Dorman and former administrator Doug Hulme…
The Seventh Circuit federal appeals court recently determined that a Wisconsin newspaper did not commit defamation when it published a 2018 story concerning a local financial adviser. In affirming the district court’s finding in favor of the newspaper, the Seventh Circuit found that the allegedly defamatory article was largely accurate…
An Illinois Appellate Court recently affirmed a ruling dismissing the defamation claims filed by a manager of a homeowners association stemming from comments made about him during a meeting of the HOA. The Court ruled that the manager could not maintain his claims because the allegedly defamatory comments were protected…
For nearly six weeks, many have followed the defamation trial between Johnny Depp and his former wife Amber Heard. The trial has provided potent insight into the destructive effects of drugs, alcohol, and stardom. It has also highlighted the perhaps more relatable lesson that ending a marriage can be a…