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Olthaus v. Niesen

Citations

  • 232 N.E.3d 932
  • 2023 Ohio 4710

Syllabus

DEFAMATION — CONSTITUTIONAL LAW/CIVIL — ACTUAL MALICE: The trial court did not err in dismissing plaintiff's defamation claims where defendants' statements were either true or matters of opinion and thus were protected speech under the Ohio Constitution, and where plaintiff failed to plead facts showing defendants acted with actual malice. The trial court did not err in dismissing plaintiff's false light invasion of privacy claims where defendants' statements were not false statements of fact and where plaintiff failed to plead facts showing defendants acted with the required state of mind. The trial court did not err in dismissing plaintiff's statutory claims for civil damages under R.C. 2307.60 where plaintiff could plead no facts showing that defendants violated an underlying criminal statute because their statements were not verifiable facts. The trial court did not err in dismissing plaintiff's claims rather than granting leave to amend the complaint where plaintiff failed to move for leave to amend, tender an amended complaint, or explain to the trial court or on appeal how he would have cured any deficiencies, and where plaintiff failed to address the trial court's conclusion that defendants' speech was constitutionally protected, rendering amendment wholly futile.

How courts have described this case

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

  • noting that “federal defamation law bars claims for statements that cannot reasonably be interpreted as stating actual facts about an individual” and that the Ohio Constitution protects opinion speech

Source: CourtListener parenthetical corpus (CC0).

Judges: Bergeron

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Olthaus v. Niesen

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

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