defamation claim in Washington

2019To defeat a defendant’s motion for summary judgment on a defamation claim, the plaintiff “must establish a prima facie case by evidence of convincing clarity.” Mark, 96 Wn.2d at 487 .

2008To defeat a defamation claim, “[a] defendant need only show that the statement is substantially true or that the gist of the story, the portion that carries the ‘sting’, is true.” Mark v. Seattle Times, 96 Wn.2d 473, 494 , 635 P.2d 1081 (1981).

2026Therefore, a defamation claim can arise from “an expression of opinion that is not based on disclosed or assumed facts and therefore implies that there are undisclosed facts on which the opinion is based.” Dunlap v. Wayne, 105 Wn.2d 529, 540 , 716 P.2d 842 (1986) (citing RESTATEMENT (SECOND) OF TORTS at § 566 cmt. c).

2026Therefore, a defamation claim can arise from “an expression of opinion that is not based on disclosed or assumed facts and therefore implies that there are undisclosed facts on which the opinion is based.” Dunlap v. Wayne, 105 Wn.2d 529, 540 , 716 P.2d 842 (1986) (citing RESTATEMENT (SECOND) OF TORTS at § 566 cmt. c).

2025New York Times Co. v. Sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L.

2025New York Times Co. v. Sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L.

2010J-U-B Eng'rs, Inc. v. Routsen, 69 Wash.App. 148, 150 , 848 P.2d 733 (1993).

2010J-U-B Eng'rs, Inc. v. Routsen, 69 Wash.App. 148, 150 , 848 P.2d 733 (1993).

2016Id. at 469 .

2016A defamation claim for either libel or slander requires (a) “a false and defamatory statement concerning another”; (b) “an unprivileged communication to a third party”; (c) “fault amounting at *640 least to negligence on the publisher’s part”; and (d) “either actionability of the statement or special harm caused by the publication.” Eastwood, 106 Wn.2d at 470 ; Restatement (Second) of Torts § 558.

2015The chairman told a local newspaper that Jennifer Wood’s performance as a communications coordinator was “lacking.” The court characterized the quotation as defamatory per se. ¶55 In Vern Sims Ford, Inc. v. Hagel, 42 Wn.

1997Obviously, there may be others as well. 61 Caruso, 100 Wn.2d at 353 ; Amsbury, 76 Wn.2d at 737, 739 ; Purvis, 54 Wn.2d at 751 ; Vern Sims Ford, Inc., 42 Wn.

2012Mark v. Seattle Times, 96 Wn.2d 473, 486 , 635 P.2d 1081 (1981), cert. denied, 457 U.S. 1124 (1982).

1995App. 229, 237 , 580 P.2d 642 (1978), cert. denied, 441 U.S. 945 (1979)), cert. denied, 457 U.S. 1124 (1982).

2010Lee v. Columbian, Inc., 64 Wash.App. 534, 538 , 826 P.2d 217 (1991).

2010Lee v. Columbian, Inc., 64 Wn.

2010Elektra, 618 F.Supp.2d at 92 ; see, e.g., Capitol Records, 508 F.Supp.2d at 1083-84 ; Peerless Indus., Inc. v. Herrin Illinois Cafe, Inc., 593 F.Supp. 1339, 1340 (E.D.Mo.1984). ¶ 18 We note that, in another case, the trial court refused to enter a default judgment because it believed that the defamation claim at issue was subject to a claim of absolute governmental privilege.

2010Elektra, 618 F.Supp.2d at 92 ; see, e.g., Capitol Records, 508 F.Supp.2d at 1083-84 ; Peerless Indus., Inc. v. Herrin Illinois Cafe, Inc., 593 F.Supp. 1339, 1340 (E.D.Mo.1984). ¶ 18 We note that, in another case, the trial court refused to enter a default judgment because it believed that the defamation claim at issue was subject to a claim of absolute governmental privilege.

2005Indeed, Milkovich ultimately held that ‘a reasonable fact finder could conclude that the statements [at issue] imply an assertion that petitioner Milkovich peijured himself. . . [and that] th[is] connotation is sufficiently factual to be susceptible of being proved true or false’ ” (alterations in original) (quoting Milkovich, 497 U.S. at 21 )); Mach v. Allison, 259 Wis.2d 686, 698-99 , 656 N.W.2d 766 (2002) (reversing summary judgment for the defendant in part, remanding for a new trial in part, and citing Milkovich for the proposition that “[t]he ‘statement’ that is the subject of a defamati

2005Indeed, Milkovich ultimately held that ‘a reasonable fact finder could conclude that the statements [at issue] imply an assertion that petitioner Milkovich peijured himself. . . [and that] th[is] connotation is sufficiently factual to be susceptible of being proved true or false’ ” (alterations in original) (quoting Milkovich, 497 U.S. at 21 )); Mach v. Allison, 259 Wis.2d 686, 698-99 , 656 N.W.2d 766 (2002) (reversing summary judgment for the defendant in part, remanding for a new trial in part, and citing Milkovich for the proposition that “[t]he ‘statement’ that is the subject of a defamati

1995Truth or Falsity and Defamatory Meaning To prevail on a defamation claim in Washington, the plaintiff must prove the following elements: (1) falsity, (2) an unprivileged communication, (3) fault, and (4) damages. 8 Mark v. Seattle Times, 96 Wn.2d 473, 486 , 635 P.2d 1081 (1981) (citing Sims v. KIRO, Inc., 20 Wn.

1995App. 229, 237 , 580 P.2d 642 (1978), cert. denied, 441 U.S. 945 (1979)), cert. denied, 457 U.S. 1124 (1982).

2025LaMon v. Butler, 44 Wn. 20 No. 60121-4-II App. 654, 659, 722 P.2d 1373 (1986), aff’d, 112 Wn.2d 193 (1989).

2025The trial court also rejected Thurman’s constitutional challenge to the UPEPA, finding that the application of the CR 12 and 56 standards were constitutional pursuant to Davis v. Cox, 183 Wn.2d 269 , 351 P.3d 862 (2015), abrogated on other grounds by Maytown Sand & Gravel, LLC v. Thurston County, 191 Wn.2d 392 , 440 n. 15, 423 P.3d 223 (2018).

2025Id.

2025The trial court also rejected Thurman’s constitutional challenge to the UPEPA, finding that the application of the CR 12 and 56 standards were constitutional pursuant to Davis v. Cox, 183 Wn.2d 269 , 351 P.3d 862 (2015), abrogated on other grounds by Maytown Sand & Gravel, LLC v. Thurston County, 191 Wn.2d 392 , 440 n. 15, 423 P.3d 223 (2018).

2025The trial court also rejected Thurman’s constitutional challenge to the UPEPA, finding that the application of the CR 12 and 56 standards were constitutional pursuant to Davis v. Cox, 183 Wn.2d 269 , 351 P.3d 862 (2015), abrogated on other grounds by Maytown Sand & Gravel, LLC v. Thurston County, 191 Wn.2d 392 , 440 n. 15, 423 P.3d 223 (2018).

2025LaMon v. Butler, 44 Wn. 20 No. 60121-4-II App. 654, 659, 722 P.2d 1373 (1986), aff’d, 112 Wn.2d 193 (1989).

2025Benjamin v. Cowles Publ’n Co., 37 Wn.

2025Maison de France, 126 Wn.

2024Rice v. Offshore Sys., Inc., 167 Wn.

2021Herzog, 39 Wn.

2021State v. O’Neill, 148 Wn.2d 564, 571 , 62 P.3d 489 (2003).

2021State v. O’Neill, 148 Wn.2d 564, 571 , 62 P.3d 489 (2003).