Making out a defamation claim.

Practice point: Since falsity is a necessary element of the cause of action, and only facts are capable of being proven false, only statements alleging facts can properly be the subject of a defamation action.

Student note: In distinguishing between facts and opinion, the court must consider (1) whether the specific language has a precise meaning that is readily understood; (2) whether the statements are capable of being proven true or false; and (3) whether the context in which the statement appears signals to readers that the statement is likely to be opinion, not fact. The dispositive inquiry is whether a reasonable reader could have concluded that the statements were conveying facts about the plaintiff.

Case: Russell v. Davies, NY Slip Op 05507 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Defective products.