This is a difficult question to answer, as editorial writers have more leeway in using figurative language than, say, a reporter writing a straight news story. If an editorial writer describes a very tough school board member as a Nazi and it is clear from the story that the writer uses the term to describe their arbitrary and tough personality rather than actual membership in the Nazi party, the writer may have a defense to a defamation claim.
- What are the required elements of a defamation claim?
- What is defamation?
- What is a statute of repose?
- What is the discovery rule and how does it impact statutes of limitations in tort cases?
- What are statutes of limitations?
- Are all attorney or legal malpractice claims based on negligence law?
- What is an example of attorney malpractice?
- What is the standard of care for a physician?
- Is expert testimony required in medical malpractice cases?
- What are examples of professional negligence claims?
- What is medical malpractice?
- What is professional negligence?
- What is the concept of deep pockets?
- What is a frolic and detour ?
- What is vicarious liability?
- Are awards in tort cases taxable?
- What is the difference between a lump sum settlement and a structured settlement?
- Can states cap punitive damage awards?
- Are there limits to punitive damage awards?
- What factors does a court consider in determining the amount of punitive damages?
