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8 Illinois opinions name it 2 courts 1993–2024 3 in the last five years
The cases below were cited by Illinois 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.
| Case | Followed | Cited |
|---|---|---|
Kuwik v. Starmark Star Marketing & Administration, Inc.green2 sentences2022Once a defendant establishes a qualified privilege, however, a plaintiff must show “ ‘ “a direct intention to injure another, or *** a reckless disregard of [the defamed party’s] rights and of the consequences that may result to him.” ’ [Citation.]” Id. at 30 . 2021“Where no qualified privilege exits, the plaintiff need only show that the defendant acted with negligence in making the defamatory statements to prevail.” Id. “[O]nce a defendant establishes a qualified privilege,” however, “a plaintiff must prove that the defendant either intentionally published the material while knowing the matter was false, or displayed a reckless disregard to the matter’s falseness”—i.e., published the statements “despite a high degree of awareness of probable falsity” or while entertaining “serious doubts as to [their] truth.” (Internal quotation marks omitted.) Id. at | 3 | 7 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kainrath v. Grider
green
1 sentence2021“An abuse of a qualified privilege may consist of any reckless act that shows a disregard for the defamed party’s rights, including the failure to properly investigate the truth of the matter, to limit the scope of the material, or to send the material to only the proper parties.” Id. at 30 . ¶ 25 We noted in the interlocutory appeal, as we confirm here, that “even if such a privilege arose, there is at least a question of material fact regarding whether Mr. Grider abused the privilege by sending his 2015 letter to parties not reasonably believed to be necessary to accomplish any 17 Nos. 1-20- | 1 | 2021–2021 |
Mittelman v. Witous
red
2 sentences1993(Mittelman v. Witous (1989), 135 Ill. 2d 220, 237 .) Reckless disregard as to the matter’s falseness has been defined in Illinois as publishing the defamatory matter “despite a high degree of awareness of probable falsity or entertaining serious doubts as to its truth.” Mittelman, 135 Ill. 2d at 237-38 . 1993(Mittelman v. Witous (1989), 135 Ill. 2d 220, 237 .) Reckless disregard as to the matter’s falseness has been defined in Illinois as publishing the defamatory matter “despite a high degree of awareness of probable falsity or entertaining serious doubts as to its truth.” Mittelman, 135 Ill. 2d at 237-38 . | 1 | 1993–1993 |
Troman v. Wood
green
1 sentence1993(See Troman v. Wood (1975), 62 Ill. 2d 184, 198 .) However, once a defendant establishes a qualified privilege, a plaintiff must prove that the defendant either intentionally published the material while knowing the matter was false, or displayed a reckless disregard as to the matter’s falseness. | 1 | 1993–1993 |
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.