occasion gives privilege (Ohio) · Go Syfert
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occasion gives privilege in Ohio

12 Ohio opinions name it 4 courts 1913–2024 3 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 (4)

CaseFollowedCited
Worrell v. Multipress, Inc.green
ohio · 1989 · cited in 5 Ohio opinions naming this issue, 1995–2024
2 sentences

2024A & B-Abell Elevator Co. at 11. {¶ 35} Whether an allegedly defamatory statement is subject to a qualified privilege is a question of law for the court when, as here, the content of the alleged defamatory statement and the circumstances of the occasion for the communication are not in dispute.3 Id. at 7; Worrell v. Multipress, Inc., 45 Ohio St.3d 241, 248-49 (1989) (“ ‘where the publication is claimed to be privileged the question whether or not the occasion gives the privilege * * * is also for the court’ ” ), quoting Mauk v. Brundage, 68 Ohio St. 89 (1903), 3 “It is only where the content of

2017Ohio Bldg. & Const. , 73 Ohio St.3d 1 , 7, 651 N.E.2d 1283 (1995) citing Worrell v. Multipress, Inc. , 45 Ohio St.3d 241 , 248-249, 543 N.E.2d 1277 (1989). {¶ 99} In this case, the circumstances of the occasion for the alleged defamatory communications were in dispute.

15
A & B-Abell Elevator Co. v. Columbus/Central Ohio Building & Construction Trades Councilgreen
ohio · 1995 · cited in 4 Ohio opinions naming this issue, 2004–2017
2 sentences

2013“Where the circumstances of the occasion for the alleged defamatory communications are not in dispute, the determination of whether the occasion gives the privilege is a question of law for the court.” Blantik v. Dennison, 148 Ohio App.3d 494, 505 (11th Dist.2000), citing A & B-Abell Elevator Co., Inc., supra, at 7.

2011“Where the circumstances of the occasion for the alleged defamatory communications are not in dispute, the determination of whether the occasion gives the privilege is a question of law for the court.” A & B- Abell, 73 Ohio St.3d at 7 .

14
Blatnik v. Avery Dennison Corp.green
ohioctapp · 2002 · cited in 1 Ohio opinions naming this issue, 2013–2013
1 sentence

2013“Where the circumstances of the occasion for the alleged defamatory communications are not in dispute, the determination of whether the occasion gives the privilege is a question of law for the court.” Blantik v. Dennison, 148 Ohio App.3d 494, 505 (11th Dist.2000), citing A & B-Abell Elevator Co., Inc., supra, at 7.

11
Becker v. Toulmingreen
ohio · 1956 · cited in 1 Ohio opinions naming this issue, 1995–1995
1 sentence

1995Worrell v. Multipress, Inc. (1989), 45 Ohio St.3d 241, 248-249 , 543 N.E.2d 1277, 1283 ; Becker v. Toulmin, supra, at 554, 60 O.O. at 505, 138 N.E.2d at 395; Mauk v. Brundage (1903), 68 Ohio St. 89 , 67 N.E. 152 , paragraph two of the syllabus.

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 (6)

CaseCitedYears
Mauk v. Brundage green
ohio · 1903
2 sentences

2024A & B-Abell Elevator Co. at 11. {¶ 35} Whether an allegedly defamatory statement is subject to a qualified privilege is a question of law for the court when, as here, the content of the alleged defamatory statement and the circumstances of the occasion for the communication are not in dispute.3 Id. at 7; Worrell v. Multipress, Inc., 45 Ohio St.3d 241, 248-49 (1989) (“ ‘where the publication is claimed to be privileged the question whether or not the occasion gives the privilege * * * is also for the court’ ” ), quoting Mauk v. Brundage, 68 Ohio St. 89 (1903), 3 “It is only where the content of

2021“Whether or not the occasion gives the privilege is a question of law for the court.” Id., quoting Mauk at 97-98 ; see also Modler v. Modler, 2d Dist.

41995–2024
McCartney v. Oblates of St. Francis De Sales green
ohioctapp · 1992
1 sentence

2024Francis deSales, 80 Ohio App.3d 345 (6th Dist.1992).

12024–2024
Barilla v. Patella green
ohioctapp · 2001
2 sentences

2021Barilla v. Patella, 144 Ohio App.3d 524, 534 , 760 N.E.2d 898 (8th Dist.2001).

2021Barilla v. Patella, 144 Ohio App.3d 524, 534 , 760 N.E.2d 898 (8th Dist.2001).

12021–2021
Williams v. P. W. Publishing Co. green
ohioctapp · 1957
1 sentence

1965Publishing Co., 76 Ohio Law Abs. 404 .

11965–1965
Buehrer v. Provident Mutual Life Ins. green
ohio · 1931
2 sentences

1957Co., 123 Ohio St., 264 , 175 N. E., 25 , which holds, in the fifth paragraph of the syllabus, that when a petition sets forth facts showing privilege a demurrer to it should be sustained, to wit: “While, in an action for libel, the facts disclosing that the statements so made were privileged are ordinarily pleaded as a defense, yet, when the plaintiff himself in his petition sets forth a complete justification of the defendant by way of privilege, as fully as the defendant might have done, no cause of action has been stated justifying recovery; and a general demurrer to such petition should ha

1957Co., 123 Ohio St., 264 , 175 N. E., 25 , which holds, in the fifth paragraph of the syllabus, that when a petition sets forth facts showing privilege a demurrer to it should be sustained, to wit: “While, in an action for libel, the facts disclosing that the statements so made were privileged are ordinarily pleaded as a defense, yet, when the plaintiff himself in his petition sets forth a complete justification of the defendant by way of privilege, as fully as the defendant might have done, no cause of action has been stated justifying recovery; and a general demurrer to such petition should ha

11957–1957
Hastings v. Lusk green
nycterr · 1839
1 sentence

1913The relevancy of the “landmark” case of Hastings v. Lusk, 22 Wendell, 410 , and other decisions cited in the brief of counsel, and applicability to the facts and circumstances is not apparent.

11913–1913

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