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NJ App. Div. Allows Online Libel Suit To Proceed Without Proof Of Actual Damages.

September 28, 2010

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In <i>W.J.A. v. D.A</i>., the Apellate Division reversed summary judgment awarded to the defendant. The decision allows the plaintiff to go forward with a lawsuit against his nephew, who wrote on a website that the uncle molested him as a child . Plaintiff admitted that there had been no actual damage or injury to his reputation. The Court acknowledged the trend towards requiring proof of actual harm from defamation, however, noted that mandating such damages in a suit over online accusations of sexual abuse would "create a license to defame".
Please contact Robert Ball with any questions regarding this post.
<a href="http://www.judiciary.state.nj.us/opinions/a0762-09.pdf">http://www.judiciary.state.nj.us/opinions/a0762-09.pdf</a>

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