The case involved a post to on online review site. The post went well beyond protected opinion and into the realm of untrue material facts. The poster further failed to disclose, and kept as a secret from the readers of the post, important facts that would have placed the target of the review in a more favorable light. The post effectively accused the target of the review of illegal acts and impugned the target’s standing in his/her trade/profession. Both representing Defamation per se. Defamation cases are not often easy cases to win, because so much of the public’s discourse is protected speech under the 1st Amendment to the U.S. Constitution.
The settlement reached caused the poster to take down the offensive post, and enter into a Non-Disparagement Agreement with the target, thereby, precluding the poster from saying or writing anything negative about the target going forward. It was a powerful settlement.
Should you, a loved one or a friend become involved with a Defamation situation (Libel or Slander), seek competent legal advice as soon as possible. Defamation matters are complicated, and require a good experienced lawyer. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents persons that are involved in Defamation both on the prosecution and defense sides.