What is the test for punitive damages in a libel action?
MultiRegion, United States of America
The following excerpt is from Lino Celle & Radio Mindanao v. Filipino Reporter, 209 F.3d 163 (2nd Cir. 1998):
Punitive damages may only be assessed under New York law if the plaintiff has established common law malice in addition to the other elements of libel. See Prozeralik v. Capital Cities Communications, 626 N.E.2d 34, 41-42 (N.Y. 1993). To do so, plaintiffs must prove by a preponderance of the evidence that the libelous statements were made out of "hatred, ill will, [or] spite." Id. at 42.
"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
Can an individual damages action be brought against a pending class action for injunctive relief? (MultiRegion, United States of America)
Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
When will a plaintiff be able to bring a claim for damages arising out of actions taken in anticipation of future government action? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is a judge immune from damage actions for actions not in the jurisdiction of their court? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff is entitled to punitive damages in an action for breach of an insurance policy? (MultiRegion, United States of America)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
Is there an upper limit on the ratio of punitive damages against compensatory damages? (MultiRegion, United States of America)
Is there a cause of action for punitive damages? ("New York", United States of America)
Does the estate of a deceased plaintiff have the right to recover punitive damages in a survivor action? (MultiRegion, United States of America)
