libel claim (Ohio) · Go Syfert
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libel claim in Ohio

22 Ohio opinions name it 2 courts 1988–2026 6 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Gosden v. Louisgreen
ohioctapp · 1996 · cited in 9 Ohio opinions naming this issue, 2004–2026
2 sentences

2026“To prevail on a libel claim, a plaintiff must prove five elements: ‘(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant; and (5) that was either defamatory per se or caused special harm to the plaintiff.’” Jacobs v. Budak, 2004-Ohio-522, ¶ 50 (11th Dist.), quoting Gosden v. Louis, 116 Ohio App.3d 195, 206 (9th Dist. 1996). {¶44} The trial court found as follows: The alleged defamatory statements in this case were made by Mr. Pettrey to Mr. Mack.

2022Libel is generally defined “as a false written publication, made with some degree of fault, reflecting injuriously on a person’s reputation, or exposing a person to public hatred, contempt, ridicule, shame or disgrace, or affecting a person adversely in his or her trade, business or profession.” A & B-Abell Elevator Co., Inc., 73 Ohio St.3d at 7 . {¶57} To prevail on a libel claim, a plaintiff must prove five elements: “(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant;

49
Melnyk v. Cleveland Clinicgreen
ohio · 1972 · cited in 2 Ohio opinions naming this issue, 2024–2024
2 sentences

2024The 2011 email provides the exact date and time that it was sent as well as the sender and all recipients. “[A]s problems of proof and defense dwindle, so does the persuasiveness of the ‘stale claims’ reasoning.” Melnyk v. Cleveland Clinic, 32 Ohio St.2d 198, 200 (1972).

2024The 2011 email provides the exact date and time that it was sent as well as the sender and all recipients. “[A]s problems of proof and defense dwindle, so does the persuasiveness of the ‘stale claims’ reasoning.” Melnyk v. Cleveland Clinic, 32 Ohio St.2d 198 , 200 (1972).

22
Investors REIT One v. Jacobsgreen
ohio · 1989 · cited in 2 Ohio opinions naming this issue, 2024–2024
2 sentences

2024Other examples of statutes that specify when a cause of action accrues include R.C. 2305.07(C) (cause of action for a claim arising out of a consumer transaction “accrues thirty calendar days after the date of the last charge or payment by, or on behalf of, the consumer, whichever is later”); R.C. 2305.091(B) (cause of action by a board of education for asbestos abatement in a board-owned building accrues “upon the date that the board of education is informed” by a certain specified entity that there is asbestos that should be removed because it poses a health hazard to users of the building);

2024Other examples of statutes that specify when a cause of action accrues include R.C. 2305.07(C) (cause of action for a claim arising out of a consumer transaction “accrues thirty calendar days after the date of the last charge or payment by, or on behalf of, the consumer, whichever is later”); R.C. 2305.091(B) (cause of action by a board of education for asbestos abatement in a board-owned building accrues “upon the date that the board of education is informed” by a certain specified entity that there is asbestos that should be removed because it poses a health hazard to users of the building);

22
Jacobs v. Budakgreen
ohioctapp · 2004 · cited in 2 Ohio opinions naming this issue, 2008–2026
2 sentences

2026“To prevail on a libel claim, a plaintiff must prove five elements: ‘(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant; and (5) that was either defamatory per se or caused special harm to the plaintiff.’” Jacobs v. Budak, 2004-Ohio-522, ¶ 50 (11th Dist.), quoting Gosden v. Louis, 116 Ohio App.3d 195, 206 (9th Dist. 1996). {¶44} The trial court found as follows: The alleged defamatory statements in this case were made by Mr. Pettrey to Mr. Mack.

2008Jacobs v. Budak (2004), 156 Ohio App.3d 160 , 805 N.E.2d 111 {¶ 34} "Libel per se means libel of itself, or upon the face of a publication, whereas libel per quod is libel by an interpretation, through an innuendo, between an innocent or harmless meaning and a libelous one." Becker v. Toulmin (1956), 165 Ohio St. 549 , 556 , 138 N.E.2d 391 .

12
Fred Siegel Co., L.P.A. v. Arter & Haddengreen
ohio · 1999 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024No. 23AP-116, 2024-Ohio-824, ¶ 21 , citing Fred Siegel Co., L.P.A. v. Arter & Hadden, 85 Ohio St.3d 171, 176 (1999).

11
Sethi v. Wfmj Television Inc.green
ohioctapp · 1999 · cited in 1 Ohio opinions naming this issue, 2002–2002
1 sentence

2002See Sethi v. WFMJ Television, Inc. (1999), 134 Ohio App.3d 796 , 732 N.E.2d 451 (applying the traditional libel standard to a television broadcast).

11
Greenbelt Cooperative Publishing Assn., Inc. v. Breslergreen
scotus · 1970 · cited in 1 Ohio opinions naming this issue, 2000–2000
1 sentence

2000See, Greenbelt Cooperative Publishing Assn. v. Bresler (1970), 398 U.S. 6 , where the court rejected a libel claim filed by a real estate developer who had been negotiating with a local city council regarding a zoning variance and the newspaper had reported the negotiations as "blackmail".

11
New York Times Co. v. Sullivangreen
scotus · 1964 · cited in 1 Ohio opinions naming this issue, 1996–1996
2 sentences

1996See New York Times Co. v. Sullivan (1964), 376 U.S. 254, 278-280 , 84 S.Ct. 710, 725-726 , 11 L.Ed.2d 686, 705-707 ; Gertz v. Robert Welch, Inc. (1974), 418 U.S. 323, 340-341 , 94 S.Ct. 2997, 3007-3008 , 41 L.Ed.2d 789, 805-806 .

1996See New York Times Co. v. Sullivan (1964), 376 U.S. 254, 278-280 , 84 S.Ct. 710, 725-726 , 11 L.Ed.2d 686, 705-707 ; Gertz v. Robert Welch, Inc. (1974), 418 U.S. 323, 340-341 , 94 S.Ct. 2997, 3007-3008 , 41 L.Ed.2d 789, 805-806 .

11
Shifflet v. Thomson Newspapers (Ohio), Inc.green
ohio · 1982 · cited in 1 Ohio opinions naming this issue, 1996–1996
2 sentences

1996In all such actions any mitigating circumstances may be proved to reduce damages.” (Emphasis added.) See, also, Shifflet v. Thomson Newspapers, Inc. (1982), 69 Ohio St.2d 179, 183 , 23 O.O.3d 205, 207 , 431 N.E.2d 1014, 1017 (“Since truth is always a defense in any action for libel or slander, appellants’ claim on these grounds must fail.” [Footnote omitted.]). {¶ 49} In considering the letter at issue, the court of appeals held that “[s]ummary judgment was properly granted on the issue of ‘truth.’” We agree with the findings of the trial court and the court of appeals that the truth of the le

1996In all such actions any mitigating circumstances may be proved to reduce damages.” (Emphasis added.) See, also, Shifflet v. Thomson Newspapers, Inc. (1982), 69 Ohio St.2d 179, 183 , 23 O.O.3d 205, 207 , 431 N.E.2d 1014, 1017 (“Since truth is always a defense in any action for libel or slander, appellants’ claim on these grounds must fail.” [Footnote omitted.]). {¶ 49} In considering the letter at issue, the court of appeals held that “[s]ummary judgment was properly granted on the issue of ‘truth.’” We agree with the findings of the trial court and the court of appeals that the truth of the le

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
A & B-Abell Elevator Co. v. Columbus/Central Ohio Building & Construction Trades Council green
ohio · 1995
2 sentences

2022Libel is generally defined “as a false written publication, made with some degree of fault, reflecting injuriously on a person’s reputation, or exposing a person to public hatred, contempt, ridicule, shame or disgrace, or affecting a person adversely in his or her trade, business or profession.” A & B-Abell Elevator Co., Inc., 73 Ohio St.3d at 7 . {¶57} To prevail on a libel claim, a plaintiff must prove five elements: “(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant;

2008Trades Council (1995), 73 Ohio St.3d 1 , 7 , 651 N.E.2d 1283 , 1995-Ohio-66 . {¶ 33} To prevail on a libel claim, a plaintiff must prove five elements: "(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant; and (5) that was either defamatory per se or caused special harm to the *Page 16 plaintiff." Gosden v. Louis (1996), 116 Ohio App.3d 195 , 206 , 687 N.E.2d 481 .

32008–2022
Dale v. Ohio Civil Service Employees Ass'n green
ohio · 1991
2 sentences

2008Trades Council (1995), 73 Ohio St.3d 1 , 7 . *Page 13 {¶ 48} Further, "[t]o prevail on a libel claim, a plaintiff must prove five elements: `(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant; and (5) that was either defamatory per se or caused special harm to the plaintiff [libel per quod].'" Jacobs I at ¶ 50, citing Gosden v. Louis (1996), 116 Ohio App. 3d 195 , 206 . {¶ 49} In Lansdowne , supra, the Supreme Court of Ohio took a further step, which imposed a higher bur

2006Dale , supra, 57 Ohio St.3d 112 .

32004–2008
Bruss v. Vindicator Printing Co. green
ohioctapp · 1996
2 sentences

2008Bruss v. Vindicator Printing Co. (1996), 109 Ohio App.3d 396 , 399 ; A B-Abell Elevator Co. v. Columbus/Cent.

2004Bruss v. Vindicator Printing Co. (1996), 109 Ohio App.3d 396 , 399 . {¶ 14} To survive a motion for summary judgment in a defamation action, a plaintiff must make a sufficient showing as to each of the five essential elements of the case.

22004–2008
Hustler Magazine, Inc. v. Falwell green
scotus · 1988
2 sentences

1992In the trial court, a jury returned a verdict in favor of Hustler on the libel claim, specifically finding that the ad parody could not “reasonably be understood as describing actual fact * * Hustler, supra, 485 U.S. at 49 , 108 S.Ct. at 878 , 99 L.Ed.2d at 47 .

1992In the trial court, a jury returned a verdict in favor of Hustler on the libel claim, specifically finding that the ad parody could not “reasonably be understood as describing actual fact * * Hustler, supra, 485 U.S. at 49 , 108 S.Ct. at 878 , 99 L.Ed.2d at 47 .

21988–1992
Innovative Architectural Planners, Inc. v. Ohio Dept. of Adm. Servs. green
ohioctapp · 2024
1 sentence

2024No. 23AP-116, 2024-Ohio-824, ¶ 21 , citing Fred Siegel Co., L.P.A. v. Arter & Hadden, 85 Ohio St.3d 171, 176 (1999).

12024–2024
Dupler v. Mansfield Journal Co. green
ohio · 1980
2 sentences

2023Dupler v. Mansfield Journal Co., 64 Ohio St.2d 116, 121-123 , 413 N.E.2d 1187 (1980) (explaining how the clear and convincing evidentiary standard applies to summary judgment for actual malice in a libel claim).

2023Dupler v. Mansfield Journal Co., 64 Ohio St.2d 116, 121-123 , 413 N.E.2d 1187 (1980) (explaining how the clear and convincing evidentiary standard applies to summary judgment for actual malice in a libel claim).

12023–2023
Lansdowne v. Beacon Journal Publishing Co. green
ohio · 1987
1 sentence

2008Trades Council (1995), 73 Ohio St.3d 1 , 7 . *Page 13 {¶ 48} Further, "[t]o prevail on a libel claim, a plaintiff must prove five elements: `(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant; and (5) that was either defamatory per se or caused special harm to the plaintiff [libel per quod].'" Jacobs I at ¶ 50, citing Gosden v. Louis (1996), 116 Ohio App. 3d 195 , 206 . {¶ 49} In Lansdowne , supra, the Supreme Court of Ohio took a further step, which imposed a higher bur

12008–2008
A & B-Abell Elevator Co. v. Columbus/Cent. Ohio Bldg. & Constr. Trades Council green
ohio · 1995
1 sentence

2008Trades Council (1995), 73 Ohio St.3d 1 , 7 , 651 N.E.2d 1283 , 1995-Ohio-66 . {¶ 33} To prevail on a libel claim, a plaintiff must prove five elements: "(1) a false and defamatory statement; (2) about plaintiff; (3) published without privilege to a third party; (4) with fault of at least negligence on the part of the defendant; and (5) that was either defamatory per se or caused special harm to the *Page 16 plaintiff." Gosden v. Louis (1996), 116 Ohio App.3d 195 , 206 , 687 N.E.2d 481 .

12008–2008
Cooke v. United Dairy Farmers, Inc., Unpublished Decision (3-31-2005) neutral
ohioctapp · 2005
1 sentence

2005Id. {¶ 24} To prevail on a libel claim, a plaintiff must demonstrate the existence of a false and defamatory statement published without privilege to a third party with fault of at least negligence on the part of the publisher.

12005–2005
Byrd v. Faber green
ohio · 1991
2 sentences

2005Byrd v. Faber (1991), 57 Ohio St.3d 56 , 565 N.E.2d 584 . {¶ 33} To prevail on a libel claim, a plaintiff must prove five elements: “(1) a false and defamatory statement, (2) about plaintiff, (3) published without privilege to a third party, (4) with fault of at least negligence on the part of the defendant, and (5) that was either defamatory per se or caused special harm to the plaintiff.” Gosden v. Louis (1996), 116 Ohio App.3d 195, 206 , 687 N.E.2d 481 .

2005Byrd v. Faber (1991), 57 Ohio St.3d 56 , 565 N.E.2d 584 . {¶ 33} To prevail on a libel claim, a plaintiff must prove five elements: “(1) a false and defamatory statement, (2) about plaintiff, (3) published without privilege to a third party, (4) with fault of at least negligence on the part of the defendant, and (5) that was either defamatory per se or caused special harm to the plaintiff.” Gosden v. Louis (1996), 116 Ohio App.3d 195, 206 , 687 N.E.2d 481 .

12005–2005
Dotson v. Brondes Motor Sales, Inc. green
ohioctapp · 1993
1 sentence

2000Pursuant to the statute, a consumer is entitled to treble damages if the act complained of was "specifically prohibited by a regulation promulgated by the Attorney General pursuant to R.C. 1345.05 (B)(2) [or] a deceptive act as determined by a prior court decision." Dotson v. Brondes Motor Sales, Inc . (1993), 90 Ohio App.3d 206 , 209 .

12000–2000
Bell v. Horton green
ohioctapp · 1995
1 sentence

1999"Affirmative defenses such as privilege (see Civ.R. 8[C]) generally are not properly raised in a Civ.R. 12(B)(6) motion because they usually require reference to materials outside the complaint." Bell v. Horton (1995), 107 Ohio App.3d 824 , 826 .

11999–1999
Gertz v. Robert Welch, Inc. green
scotus · 1974
2 sentences

1996See New York Times Co. v. Sullivan (1964), 376 U.S. 254, 278-280 , 84 S.Ct. 710, 725-726 , 11 L.Ed.2d 686, 705-707 ; Gertz v. Robert Welch, Inc. (1974), 418 U.S. 323, 340-341 , 94 S.Ct. 2997, 3007-3008 , 41 L.Ed.2d 789, 805-806 .

1996See New York Times Co. v. Sullivan (1964), 376 U.S. 254, 278-280 , 84 S.Ct. 710, 725-726 , 11 L.Ed.2d 686, 705-707 ; Gertz v. Robert Welch, Inc. (1974), 418 U.S. 323, 340-341 , 94 S.Ct. 2997, 3007-3008 , 41 L.Ed.2d 789, 805-806 .

11996–1996

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2305.11 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 44 (1986–2024) CA 43 (1969–2026) NY 33 (1922–2026) OH 22 (1988–2026) GA 15 (1984–2024) MA 12 (1984–2024) NC 7 (1993–2025) AL 5 (1987–2026) TN 4 (1997–2020) MS 4 (1990–2010) OK 4 (1993–2014) FL 4 (1985–2006) KS 4 (1976–2026) IL 4 (1988–2007) OR 4 (1984–2022) MI 3 (1992–2025) PA 3 (1923–2016) SD 3 (1996–2009) NM 3 (1973–1988) VT 2 (2012–2025) NJ 2 (1910–2017) DE 2 (1988–2020) ME 2 (2017–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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