BOL Round Table

I am not a geek, but I am on this board and a lawyer. The elements for a proving a defamation claim are the following: (1) defamatory remarks (words that adversely affect one's reputation), (2) statement of fact as opposed to opinion, (3) of and concerning the plaintiff, and (4) publication.

At least the Woodward guy seems to have a cause of action on its face. The trouble is proving damages. There are two types of defamation: (1) Libel or written defamation and (2) Slander or spoken (not written) defamation. If the defamation is libel, then the jury can presume that the plaintiff suffered damages, and damages become much easier to prove. If the defamation is slander, then the plaintiff must put on special proof of his damages. From what I understand, JLee never wrote and published his comments. He only said them on the radio, although I could be wrong about that.

At this point, I am not quite sure what his damages are. So, even if there is a defamation action, he must prove the damages that he suffered as a result. What is it? An egged car and a broken mailbox?

Bottom line, defamation occurs all the time, but rarely does anyone suffer such great damages to justify a court action.

I understand that some of them were in writing. Woodruff's lawyer needs to demand a retraction immediately.