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Truth and Privilege Defenses to Defamation

Truth and Privilege Defenses to Defamation

Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to...

Fraud Requires Deceitfulness and Reasonable Reliance

Fraud Requires Deceitfulness and Reliance

Liability for fraud exists when six elements are proven: (1) knowingly, recklessly, or without reasonable grounds, (2) making a material...

Immunity among Members of the Armed Forces

Members of the armed forces are generally immune from liability for tort actions that may be brought by other members of the armed forces. Such type of immunity is referred to as intra-military immunity or the Feres doctrine.

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Defendant's Wrongful Use of Process

It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an...

Liability of a Cruise Ship for Emotional Distress Claims

Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers. In other words, if a cruise ship issues a ticket...