When your reputation has been damaged by the words or writings of others, you may have a defamation claim. Bolton Law attorney Jill Bolton appealed a jury verdict after an incorrect jury instruction was given by the trial judge. This win for the client resulted in a published Idaho Supreme Court opinion outlining the elements for success on a defamation claim in Idaho.
A plaintiff claiming defamation is required to prove that the defendant:
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communicated information concerning the plaintiff to others;
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the information impugned the honesty, integrity, virtue or reputation of the plaintiff or exposed the plaintiff to public hatred, contempt or ridicule;
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the information was false;
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the defendant knew it was false or reasonably should have known it was false;
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the plaintiff was damaged because of the communication.
Case: Siercke v. Siercke, 167 Idaho 709, 476 P.3d 3376 (2020).