Statements imputing gang membership not actionable

Lawyers’ Forum

By Phillip J. Zisook

Phillip J. Zisook is of counsel to Schoenberg Finkel Newman & Rosenberg LLC, where he concentrates in defamation and privacy law and commercial litigation. Zisook can be reached at phillip.zisook@sfnr.com.

Posted October 2, 2019 3:22 PM

Many believe identifying a false accusation of committing a crime is a black or white determination. Asserting that “John robbed the bank on Sept. 20 at 2:30 p.m.,” when he was watching the Cubs at Wrigley Field instead, is plainly a false statement. It holds John committed a crime.However, as in most areas of law, issues are often more gray than black and white. And the gray areas have caused legal controversies in defamation cases for decades.Recently, however, the Illinois Appellate Court clarified this …

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Lawyer erred on personal representative after learning defendant was dead

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