$2 Million Palm Beach Defamation Lawsuit: what’s privileged?

Uncategorized • Apr 11, 2014

Talking smack can get you into a Palm Beach lawsuit. Unreasonably injuring someone’s good reputation in Palm Beach can put you on the end of a defamation lawsuit. Here is a Palm Beach defamation lawsuit whose legal opinion was just handed down 2 days ago by the Palm Beach appellate court, sitting in West Palm Beach. If you are involved in Palm Beach business deals or are apt to talk poorly of another, you need to read this. When you open your mouth, it can be costly.

Defamation: Talking Smack (recent defamation case re: Palm Beach Probate)

Someone’s reputation is serious, especially for Palm Beach business people and professionals like doctors and Palm Beach probate lawyers.
Our reputation is everything.
In fact, I testified at a Palm Beach jury trial over the last few months as a witness in a defamation suit.
It involved a Palm Beach estate & personal representative who was appointed by the Probate Court in Palm Beach Gardens, Florida.
When the Palm Beach executor (personal representative) began to administer the estate, some persons started defaming the personal representative on the internet.
The Palm Beach probate was wrapped up, and the Palm Beach personal representative, who was a West Palm Beach probate lawyer, sued those that defamed him.
He won a high six figure jury verdict including punitive damages.

Think Before You Speak

When you defame someone, you hurt their reputation improperly. Defamation’s non legal definition may be thought of as:

a false
or unjustified
injury
of the good reputation of another

Privileges and Defenses

Are some comments protected ? Yes.

First of all, a defense to a defamation lawsuit may be the simple truth.

Second, there are certain privileges.

$2 Million Promissory Note

A plaintiff sued another for $2 Million regarding 2 promissory notes
The claim on the notes included breach of fiduciary duty & conversion
The defendant countersued for defamation
There was supposedly a promise of investing the $$$ and 50/50 profit split
Allegation: he called me a “crook”

Recent Florida Supreme Court Case on Defamation: Delmonico

Check out the Florida Supreme Court’s opinion on this issue in Delmonico v. Traynor, 116 So.3d 1205 (2013).
Statements of an attorney, party to a Palm Beach lawsuit, judges, witnesses involved in a Palm Beach lawsuit (Florida judicial proceeding) are privileged
There is “absolute immunity” during a “judicial proceeding”, but……
Exception to absolute immunity: privilege does NOT apply to an attorney’s statements during an interview of a potential non party witness out of court
Instead, there is a qualified immunity

Before you open your mouth, consider reading this Palm Beach legal opinion:

Here’s the link if you would like to read the entire opinion from the Palm Beach appeals court: http://4dca.org/opinions/April%202014/04-09-14/4D09-1708.remandop.pdf