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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi, Could you please provide us some case law or a link to

Resolved Question:

Hi, Could you please provide us some case law or a link to some case law re:
Libel and slander (CA)?
Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me.

I would be happy to do so. However, case law can encompass a lot. Please, tell me what kind of case law you wish to see?

1) One that describes the elements?
2) Gives an example of both libel and slander?
3) Both and/or something else?
Customer: replied 1 year ago.

Hi, Thank you for your quick response.


We would like to read some cases that show how much were awarded and the reasoning. Thank you.

Expert:  Ely replied 1 year ago.
Friend,

Gladly. Please allow me a few minutes to do this...
Expert:  Ely replied 1 year ago.
Now, slander and libel are two sides of the same coin - defamation. Slander is simply oral defamation and libel is written defamation.

Now, how are damages calculated? There are generally TWO types of damages: ACTUAL and PUNITIVE.

ACTUAL damages are damages that can be proven as financial loss.
PUNITIVE damages are damages that are not really arising from actual financial loss, but are added to "make an example" out of the individual.

In defamation cases, normally, one is awarded ACTUAL DAMAGES, but they have to be proven. PUNITIVE damages are awarded in cases of oppressive conduct, fraud or malice towards the plaintiff. Cal. Civ. Code § 3294(a). "Defamation plaintiffs who do not prove such malice by clear and convincing proof are limited to recovery for actual injury." Miami Herald Pub. Co. v. Ane, 458 So. 2d 239 - Fla: Supreme Court 1984.

In defamation per se cases, ACTUAL damages are ASSUMED. A plaintiff need not show special damages (e.g., damages to the plaintiff's property, business, trade, profession or occupation, including expenditures that resulted from the defamation) if the statement is defamation per se. A statement is defamation per se if it defames the plaintiff on its face, that is, without the need for extrinsic evidence to explain the statement's defamatory nature. See Cal. Civ. Code § 45a; Yow v. National Enquirer, Inc. 550 F.Supp.2d 1179, 1183 (E.D. Cal. 2008). However, PUNITIVE damages would still be filed if shown oppressive conduct, fraud or malice towards the plaintiff.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89140
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Ely:


 


We rated "excellent service" to your responses and paid bonus to you three times yesterday. We hope that you have received the bonus credits.


 


Thank you.

Expert:  Ely replied 1 year ago.
Holly,

Thank you for your rating. I did receive that, I believe. I am not sure about the bonus or not (but if you sent it, I should have received it).

If you have been inundated by emails from the site; my apologies - they are automatic and I do not personally send them (if your follow up is a complaint about this).

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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.