Written by a U.S. Court of Appeals judge and member of the adjunct faculty of Columbia Law School who practiced media law at the highest level for more than thirty years, Sack on Defamation offers strategic guidance for both plaintiffs’ and defense attorneys, and fully covers the basic elements of a defamation claim, including:
- the types and amounts of damages that can be awarded
- the sometimes confusing treatment of libel per se and slander per se
- invasion of privacy torts
- the causes of action for injurious falsehood, intentional infliction of emotional distress, negligent misstatement, and more, and
- issues of jurisdiction and motion practice.
Sack on Defamation pinpoints practical legal issues vital to your clients, helping you understand when “truth” is not a defense • insults and name-calling cross the line into defamation • accurate repeating of another’s statements can be actionable • “public disclosure of private facts” becomes actionable • statements of “opinion” are not protected • and defamatory communications are privileged. It also integrates coverage of Internet and social media issues.
This treatise provides practice insight into how to:
- persuade courts to dismiss complaints or grant summary judgments and how to resist a motion for either
- use various kinds of evidence to prove actual malice with “convincing clarity”
- meet burdens of proof for various claims and win appropriate damages
- deploy the most effective defenses for different causes of action
- advise clients on how to disseminate their views without triggering costly lawsuits.