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Defamation Cases, Defense and Litigation
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  • Have You Been A Victim of Defamation?
    • STATUTE OF LIMITATIONS IN NEW YORK
    • DEFAMATION DEFINED & HOW IT IS INTERPRETED UNDER THE LAW
    • DEFAMATION PER SE
    • FALSE FACTS
    • MIXED OPINION
    • SLANDER IN NEW YORK
  • Understanding How Defamation Works in New York
    • Understanding LIBEL in New York
    • Understanding TRUTH in this type of case
    • Understanding PRIVILEGE & ABSOLUTE PRIVILEGE
    • Understanding QUALIFIED PRIVILEGE in New York
    • Understanding PURE OPINION in these types of cases.
    • Understanding TRADE LIBEL in New York
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SOME OPINIONS ARE STILL DEFAMATORY

MIXED OPINION

While an expression of pure opinion is not commonly actionable, an opinion statement implying it is based upon facts justifying the opinion but are withheld from the reader is a mixed opinion, and is actionable.  The actionable element of a mixed opinion is not the false opinion itself – it is the implication that the speaker knows certain facts, unknown to their audience, which support their opinion and are detrimental to the person about whom they are speaking.  Where this implication is made, statements of opinion lose their protection and become actionable.

Similarly actionable as a mixed opinion is a defamatory opinion which is ostensibly accompanied by a recitation of the underlying facts upon which the opinion is based, but those underlying facts are either falsely misrepresented or grossly distorted.

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Pascale Law
1565 Franklin Avenue, 3rd Floor
Mineola, New York 1150

(516) 280-4716

 

Use of this website does not create an attorney/client relationship. The information contained herein is in the form of legal education and is intended to provide general information, it is not meant to be, nor is it, legal advice.

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