defamation claim (Idaho) · Go Syfert
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defamation claim in Idaho

10 Idaho opinions name it 2 courts 1992–2024 2 in the last five years

The cases below were cited by Idaho 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 (8)

CaseFollowedCited
Candace Elliott v. Steve Murdockgreen
idaho · 2016 · cited in 5 Idaho opinions naming this issue, 2017–2023
2 sentences

2023We affirm the district court’s grant of summary judgment to Respondents on Davis’s claim for defamation per se. “[T]o succeed on a defamation claim, a plaintiff is required to prove ‘that the defendant: (1) communicated information concerning the plaintiff to others; (2) that the information was defamatory; and (3) that the plaintiff was damaged because of the communication.’” Siercke v. Siercke, 167 Idaho 709, 718 , 476 P.3d 376, 385 (2020) (quoting Elliott v. Murdock, 161 Idaho 281, 287 , 385 P.3d 459, 465 (2016)).

2023We affirm the district court’s grant of summary judgment to Respondents on Davis’s claim for defamation per se. “[T]o succeed on a defamation claim, a plaintiff is required to prove ‘that the defendant: (1) communicated information concerning the plaintiff to others; (2) that the information was defamatory; and (3) that the plaintiff was damaged because of the communication.’” Siercke v. Siercke, 167 Idaho 709, 718 , 476 P.3d 376, 385 (2020) (quoting Elliott v. Murdock, 161 Idaho 281, 287 , 385 P.3d 459, 465 (2016)).

55
Clark v. Spokesman-Reviewgreen
idaho · 2007 · cited in 3 Idaho opinions naming this issue, 2019–2020
2 sentences

2020On the merits, to succeed on a defamation claim, a plaintiff is required to prove “that the defendant: (1) communicated information concerning the plaintiff to others; (2) that the information was defamatory; and (3) that the plaintiff was damaged because of the communication.” Elliot v. Murdock, 161 Idaho 281, 287 , 385 P.3d 459, 465 (2016) (quoting Clark v. Spokesman-Review, 144 Idaho 427, 430 , 163 P.3d 216, 219 (2007)) (internal quotations omitted).

2020On the merits, to succeed on a defamation claim, a plaintiff is required to prove “that the defendant: (1) communicated information concerning the plaintiff to others; (2) that the information was defamatory; and (3) that the plaintiff was damaged because of the communication.” Elliot v. Murdock, 161 Idaho 281, 287 , 385 P.3d 459, 465 (2016) (quoting Clark v. Spokesman-Review, 144 Idaho 427, 430 , 163 P.3d 216, 219 (2007)) (internal quotations omitted).

23
New York Times Co. v. Sullivangreen
scotus · 1964 · cited in 2 Idaho opinions naming this issue, 2020–2020
2 sentences

2020See Elliott, 161 Idaho at 287 , 385 P.3d at 465 (citing New York Times Co. v. Sullivan, 376 U.S. 254 (1964)).

2020See Elliott, 161 Idaho at 287 , 385 P.3d at 465 (citing New York Times Co. v. Sullivan, 376 U.S. 254 (1964)).

22
Richeson v. Kesslergreen
idaho · 1953 · cited in 2 Idaho opinions naming this issue, 2020–2020
2 sentences

2020Richeson v. Kessler, 73 Idaho 548, 551 , 255 P.2d 707, 709 (1953); Malmin v. Engler, 124 10 There is an additional element to a defamation claim—actual malice—if the plaintiff is a public figure.

2020Richeson v. Kessler, 73 Idaho 548, 551 , 255 P.2d 707, 709 (1953); Malmin v. Engler, 124 10 There is an additional element to a defamation claim—actual malice—if the plaintiff is a public figure.

22
Malmin v. Englergreen
idahoctapp · 1993 · cited in 2 Idaho opinions naming this issue, 2020–2020
2 sentences

2020It appears that the parties assumed that the plaintiff was a private plaintiff and therefore malice was not an element of a defamation claim. 9 Idaho 733, 737 , 864 P.2d 179, 183 (Ct. App. 1993).

2020It appears that the parties assumed that the plaintiff was a private plaintiff and therefore malice was not an element of a defamation claim. 9 Idaho 733, 737 , 864 P.2d 179, 183 (Ct. App. 1993).

22
Siercke v. Sierckegreen
idaho · 2020 · cited in 1 Idaho opinions naming this issue, 2023–2023
2 sentences

2023We affirm the district court’s grant of summary judgment to Respondents on Davis’s claim for defamation per se. “[T]o succeed on a defamation claim, a plaintiff is required to prove ‘that the defendant: (1) communicated information concerning the plaintiff to others; (2) that the information was defamatory; and (3) that the plaintiff was damaged because of the communication.’” Siercke v. Siercke, 167 Idaho 709, 718 , 476 P.3d 376, 385 (2020) (quoting Elliott v. Murdock, 161 Idaho 281, 287 , 385 P.3d 459, 465 (2016)).

2023We affirm the district court’s grant of summary judgment to Respondents on Davis’s claim for defamation per se. “[T]o succeed on a defamation claim, a plaintiff is required to prove ‘that the defendant: (1) communicated information concerning the plaintiff to others; (2) that the information was defamatory; and (3) that the plaintiff was damaged because of the communication.’” Siercke v. Siercke, 167 Idaho 709, 718 , 476 P.3d 376, 385 (2020) (quoting Elliott v. Murdock, 161 Idaho 281, 287 , 385 P.3d 459, 465 (2016)).

11
Barlow v. International Harvester Companygreen
idaho · 1974 · cited in 1 Idaho opinions naming this issue, 2020–2020
1 sentence

2020See id. (determining that a jury had sufficient evidence to conclude that publication of defamatory material was done with malice and thus could consider whether allegations of criminal conduct were defamatory per se).

11
Bennett v. Blissgreen
idahoctapp · 1982 · cited in 1 Idaho opinions naming this issue, 1992–1992
2 sentences

1992See Bennett v. Bliss, 103 Idaho 358, 360 , 647 P.2d 814, 816 (Ct.App.1982). 3 We conclude that the district court’s reasoning was sound and we will not overturn the dismissal of the defamation claim and the claim of fraud upon the court.

1992See Bennett v. Bliss, 103 Idaho 358, 360 , 647 P.2d 814, 816 (Ct.App.1982). 3 We conclude that the district court’s reasoning was sound and we will not overturn the dismissal of the defamation claim and the claim of fraud upon the court.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
MacLeod v. Stelle green
· 1926
2 sentences

2024Second, and more importantly, section 11-203 is inapplicable here because we have already held, supra, that a defamation claim is not assignable because it is “personal in nature.” MacLeod, 43 Idaho at 74 , 249 P. at 257 .

2024Second, and more importantly, section 11-203 is inapplicable here because we have already held, supra, that a defamation claim is not assignable because it is “personal in nature.” MacLeod, 43 Idaho at 74 , 249 P. at 257 .

12024–2024
Wing v. Martin green
idaho · 1984
2 sentences

1992Black Canyon, supra; Wing v. Martin, 107 Idaho 267 , 688 P.2d 1172 (1984).

1992Black Canyon, supra; Wing v. Martin, 107 Idaho 267 , 688 P.2d 1172 (1984).

11992–1992

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (6) ID § Idaho Code § 12-120 (3) ID § Idaho Code § 18-705 (3) ID § Idaho Code § 5-217 (3) ID § Idaho Code § 5-218 (3)

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 331 (1985–2026) CA 209 (1970–2026) NY 154 (1983–2026) OH 135 (1990–2026) IL 106 (1988–2026) MI 93 (1987–2025) WA 66 (1980–2026) LA 65 (1985–2023) MN 57 (1985–2026) NJ 56 (1960–2026) MA 54 (1980–2026) PA 51 (1986–2026) ME 42 (1984–2024) FL 41 (1981–2025) GA 34 (1998–2025) AZ 34 (1976–2026) IN 33 (1982–2026) DE 32 (1988–2026) OR 31 (1990–2026) DC 27 (1991–2026) CO 26 (1985–2026) VA 26 (2002–2026) KY 25 (2005–2025) NC 25 (1994–2026) NV 23 (1993–2026) WI 21 (1983–2024) AL 20 (1988–2023) TN 19 (1999–2024) UT 17 (1983–2025) NM 17 (1989–2024) SC 17 (1997–2026) MO 16 (1996–2025) MS 16 (1986–2018) MD 16 (1985–2026) AK 15 (1982–2022) CT 15 (1993–2024) IA 15 (1982–2026) ND 14 (1993–2024) OK 13 (1987–2014) HI 10 (1996–2025) ID 10 (1992–2024) VT 9 (2005–2025) MT 9 (1993–2025) WV 9 (1984–2022) VI 8 (1998–2026) NE 7 (2015–2024) RI 7 (1998–2012) KS 7 (2010–2026) SD 6 (1994–2025) AR 3 (1979–2017) NH 2 (2015–2019) WY 2 (1999–2020)

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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