defamation because Thompson admittedly accepted free landscaping services

Defamation because thompson admittedly accepted free

This preview shows page 3 - 4 out of 4 pages.

defamation because Thompson admittedly accepted free landscaping services thereby making Gerow’s statement true. Accordingly, the defendant’s motion for summary judgement is granted with respect to Lambert’s remarks to Gerow. Thompson alleged that Lambert stated to Lynn Warren, the vendor that provided services to the Trust, that “Michael wasn’t there. He was trying to manage the place from another state” and “we think he’s doing the same things as Joe Jelske.” The reference to Jelske refers to
Image of page 3

Subscribe to view the full document.

Thompson’s predecessor at the Trust who engaged in various acts of illegal conduct, including stealing, demanding kickbacks and complicity in overbilling the DeNiros. Because Lambert’s statements to Warren are reasonably susceptible of a defamatory connotation, the Defendants motion for summary judgment concerning these statements is denied. 3. What is qualified privilege? Is there an argument to be made that all of the alleged defamatory statements are shielded by qualified privilege, and not just the statements made to Gerow? Why or why not? Qualified privilege is immunity (protection) from the penalty of a lawsuit, usually a lawsuit for defamation, for acts committed in the performance of a legal or moral duty and acts properly exercised and free from malice. “Courts have long recognized that the public interest is served by shielding certain communications, though possibly defamatory, from litigation, rather than risk stifling them altogether.” “One such conditional, or qualified, privilege extends to a communication made by one person to another upon a subject in which both have interest. This ‘common interest’ privilege has been applied for example to employees of an organization.” The rationale for applying the privilege is that the flow of information between persons sharing a common interest should not be impeded. However, qualified privilege can be dissolved if a plaintiff can demonstrate that the defendant spoke with “malice.” New York courts have applied “malice” to have both its common law meaning as well as its constitutional meaning. Under the constitutional standard for a malice, a plaintiff must establish that the “statements were made with a high degree of awareness of their probable falsity.” “Under common law, malice meant spite or ill will.” 4. How does a former employee know whether he or she is being defamed in references from a former employer? If the employee feels that their former employer defamed them in a reference letter that can request a copy of that reference letter. 5. Given the circumstances of his termination, how should representatives of the Riverside Trust have responded to requests for references on the plaintiff?
Image of page 4
  • Fall '19
  • Complaint, Pleading

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes