Impugning a plaintiff’s personal traits does not support claim for defamation

Lawyers’ Forum

By Phillip J. Zisook

Phillip J. Zisook is of counsel to Schoenberg Finkel Beederman Bell Glazer LLC, where he concentrates in defamation and privacy law and commercial litigation. Zisook can be reached at phillip.zisook@sfbbg.com.

Posted July 26, 2022 12:01 PM

Recent cases suggest an uptick in defamation lawsuits seeking damages for statements containing general criticisms of the plaintiff or highlighting negative personal traits. The theory is that such statements qualify as defamation per se for they impugn the ability or integrity of the plaintiffs in their occupation or professions.Almost invariably, these lawsuits get dismissed through motion practice.Part of the reason for this lies in the definition of defamation per se. A per se defamation claim is appropriately brought …

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