March 29, 2012

Qualified privilege.

Practice point: The defense is available on a defamation claim if the communications were made to persons who had some common interest in the subject matter.

Student note: The defense will be defeated by demonstrating that the defendant spoke with malice.

Case: Constantine v. Teachers Coll., NY Slip Op 01782 (1st Dept. 2012).


Tomorrow’s issue: Indemnification.