I resolved a defamation claim at mediation last year. Our client received over $100,000 in the settlement, which is both a great result and highly unusual.  This year (early 2017), I'm seeing an influx of inquiries with stories of false inflammatory statements.  Not sure why, but it's happening.  

​Defamation cases are pretty rare, but since the phone is ringing, I thought a quick primer on the law of defamation in Washington State is in order.  

In Washington, a defamation plaintiff must establish four elements to recover monetary damages:  

1. Falsity - the published statement was false;
2. An unprivileged communication;  
3. Fault (negligence if a private plaintiff and, if a public figure or public official, "actual malice" knowledge of falsity or reckless disregard of the truth or falsity) ; and
4. Damages - the defamatory statement caused economic injury of some kind.

Contact Mark D. Walters

Ever wonder how the news can publish and report on lawsuits that involve allegations and claims of defamation?  How is the news is not held liable for re-publishing the false and defamatory coments?  

The fair report privilege permits a person to publish a report of an official action or proceeding or of a public meeting that deals with a matter of public concern, even though the report contains what is known to be a false and defamatory statement.  However, to fall under the fair report privilege, the report must be a substantially correct account of the proceeding.  And, though it is not necessary that the report be exhaustive and complete report of the proceeding, it is required that nothing be omitted or misplaced in such a manner as to convey an erroneous impression to those who hear or read it.

​Contact Mark D. Walters