When is a statement of opinion liable for defamation?
California, United States of America
The following excerpt is from Hennessey v. Bank of Am., F072605 (Cal. App. 2017):
" 'The sine qua non of recovery for defamation . . . is the existence of falsehood.' " (McGarry v. University of San Diego (2007) 154 Cal.App.4th 97, 112.) Statements of fact are actionable as defamation, but statements of opinion are constitutionally protected. (Ibid.) Opinions do not enjoy blanket constitutional protection, however; even when a statement is couched in terms of an opinion, it may be
Page 16
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When is a statement of opinion liable for defamation? (California, United States of America)
Is a witness's opinion or opinion intertwined with the witness statements? (California, United States of America)
What is the test for determining whether a statement is one of opinion or a statement of fact? (California, United States of America)
Is an improper statement in a jury trial admissible to show the effect on the jurors' mental processes of other, improper statements? (California, United States of America)
When a defendant's extrajudicial statements form part of the prosecution's evidence, does the trial court have to instruct sua sponte that a finding of guilt cannot be predicated on the statements alone? (California, United States of America)
Can a defendant use the introduction of his out-of-court statements as an opportunity to introduce "extraneous statements" that might favor him? (California, United States of America)
Does an expert who is an expert in medical malpractice have to produce a declaration of opinion based on hearsay statements? (California, United States of America)
How have the courts interpreted the meaning of defamatory statements in the context of defamation claims? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
What are some of the opinions of Justice John B. Brennan, who delivered opinions to the Supreme Court in a number of cases? (California, United States of America)
