Even Presumed Damages Must Be Proven

  • Published 2010


Plaintiffs’ attorneys salivate at the mere possibility of a potential defamation per se claim because they think that, if the case gets past summary judgment, the defendant will feel pressure to settle due to the amorphous nature of presumed damages. In fact, ask any plaintiff’s attorney what evidence of reputational harm they have to produce at a defamation trial to recover presumed damages. Their likely response would be: “Are you kidding? None.”

Cite this paper

@inproceedings{2010EvenPD, title={Even Presumed Damages Must Be Proven}, author={}, year={2010} }