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In a civil case when suing for defamation is it true that…

In a civil case when...
In a civil case when suing for defamation is it true that Damages are presumed and need not be proven with evidence of actual damages? That damages pursuant to Defamation per se analysis? Can anyone explain?
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Answered in 1 minute by:
12/13/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,311
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thank you very much for your patience. Generally, there are some statements that are considered so damaging that they are just going to be considered defamatory automatically, or "defamatory per se." Regardless, the old rules used to be that they did not have to be proven; however, courts have held that presumed damages must be supported by competent evidence. (Republic Tobacco Co. v. North Atlantic Trading Co.) Thus, although damages are available, you still have to prove them. What other questions did you have for me today?

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Customer reply replied 2 months ago
the statement in my question would be false then correct?
Customer reply replied 2 months ago
Is this stated in the iowa code anywhere

So, it's not going to be stated int he IA code; however, courts in the midwest have concluded that damages are presumed, but there must be evidence of damages. It'll require some case law reading but try:

Knight v. Chicago Tribune Co. 895 N.E.2d 1007 (Ill. App. Ct. 2008).

to get some perspective.

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Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

Legal Eagle
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