Lawsuits in the works.
- Click here for the story.
The lawsuits alleges defamation and the infliction of emotional distress. What are they? Does he have a case?
Defamation:
In the United States a defamation action typically requires that a plaintiff claiming defamation prove that the defendant:
- made a false and defamatory statement concerning the plaintiff;
- shared the statement with a third party (that is, somebody other than the person defamed by the statement);
- if the defamatory matter is of public concern, acted in a manner which amounted at least to negligence - on the part of the defendant; and
caused damages to the plaintiff.
- United States defamation law.
Infliction of emotional distress:
- From Wikipedia: Intentional infliction of emotional distress.
IIED was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when a threat of battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.
Elements:
- Defendant acted intentionally or recklessly; and
- Defendant's conduct was extreme and outrageous; and
- Defendant's act is the cause of the distress; and
- Plaintiff suffers severe emotional distress as a result of defendant's conduct.
