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· 1/21/2004

Costello v. Hardy

Citations

  • 864 So. 2d 129
  • 2004 WL 97107

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “[w]hen a plaintiff proves publication of words that are defamatory per se, the elements of falsity and malice (or fault) are presumed, but may be rebutted by the defendant” and “[t]he element of injury may also be presumed”
  • requiring that a defamation plaintiff establish causation
  • wherein the court noted that if words are not defamatory per se, a plaintiff must prove malice, and in cases involving statements made about a public figure, a plaintiff must prove actual malice
  • “Words which expressly or implicitly accuse another of criminal conduct, or which by their very nature tend to injure one’s personal or professional reputation . . . are considered defamatory per se.”
  • false statement as element of defamation
  • false statement as element of defamation

Source: CourtListener parenthetical corpus (CC0).

Judges: Weimer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.