Fischer v. Bar Harbor Banking & Trust Co.

How courts have described this case

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

• stating that elements of cause of action are falsity, publication, malice and special damages
• “[Sjinee there is a dearth of Maine authority [on slander of title], it is necessary to look to the common law of other jurisdictions.”
• “The filing of liens, mortgages, and other encumbrances is a sufficient publication to disparage or slander title.” (citing William L. Prosser, The Law of Torts § 122, at 943 (3d ed. 1964))
• “Plaintiff has the burden of showing that the [defendant] did not have a good faith belief in the ‘possible-validity of [its] claim’ ... but rather that it acted in knowing or reckless disregard of the truth.” Id., 673 F.Supp. at 626.

Source: CourtListener parenthetical corpus (CC0).