June 8, 2022

Substantially True

substantially true

If you have been accused of libel, you may want to know the defense known as "substantially true." This defense can end your defamation case quickly and easily, if you can prove that the statement is substantially accurate. The court will not consider minor factual inaccuracies as material differences, if they do not affect the overall truth of the statement. Here's how to use the substantial truth defense.

In a recent case, a former customer's online review of a contractor was not defamatory, even if it was true. The challenged statements were "substantially true." Jomari Alexander was hired by Laurie Ball to paint a portion of her home and replace light fixtures. He bought a $100 light for her bathroom, but charged her $250 to install it. The two got into a dispute over the light. The judge ruled in favor of the plaintiff and awarded her $25,000 in damages.

Another case that deals with the issue of whether statements made by a media outlet are "substantially true" or not was Alexander v. North Eastern Railway Co., in which the defendant had published an article which stated that the plaintiff would spend three weeks in jail if he didn't pay his fine. However, in the actuality, the relevant period of imprisonment was only two weeks. Thus, the defendant argued that the publication was substantially true and failed to adequately describe the applicable penalty.

This ruling was affirmed by the Minnesota Court of Appeals on June 20, 2021. In other words, if a statement is "substantially true" and a reasonable person can infer it is true, it is protected by the substantial truth doctrine. In some cases, the statement is an online review, for example. It can also be a libel complaint. But in some cases, the plaintiff's pleadings should specify exactly what they mean by "substantially true."

The law requires that a statement be "substantially true" in order to defeat a libel action. It does not require that the entire statement be "substantially true" in order to establish a substantial truth. The defendant also needs to show that the plaintiff has consented to the publication of the defamatory matter. Unlike most cases, where the plaintiff needs to prove the statements are "substantially true," the defendant can also make the statement substantially true, without consent.

Defamation is an action for false statements. The courts consider the truth in a defamation case to be an absolute defense. In the New York Times Co. v. Sullivan decision, 376 U.S. 254, the same applies to a lawsuit for defamation. Moreover, even if a plaintiff can prove that some facts are untrue, the defendant must prove that the majority of them are true.

Texas Lawsuit Lawyers

FAQ's

Find the answers to your questions.
How do I file a lawsuit against a company in Texas?
To file a lawsuit against a company in Texas, you'll need to follow specific legal procedures. First, consult with the best lawyer in Texas specializing in lawsuits and search for "lawsuit lawyers near me." Your lawyer will guide you through the process, including preparing and filing the necessary documents with the appropriate court, serving the company with a summons, and representing you in legal proceedings. Be sure to gather evidence to support your case.
How do I find a good lawyer in Texas?
1. Referrals: Seek recommendations from friends, family, or colleagues for a good lawyer in Texas.

2. Bar Association: Contact the State Bar of Texas for referrals to reputable lawyers or law firms.

3. Online Directories: Utilize online platforms like Avvo or Martindale-Hubbell to find highly-rated lawyers in Texas.

4. Specialization: Look for lawyers with expertise in your specific legal matter, ensuring they have relevant experience.

5. Initial Consultation: Schedule consultations with potential lawyers to assess their professionalism, communication, and understanding of your case.

6. Reviews: Read client testimonials and reviews to gauge the reputation and success rate of the lawyer or law firm in Texas.
How much does it cost to sue a company in Texas?
The cost of suing a company in Texas varies widely depending on factors like the complexity of the case, lawyer fees, court filing fees, and potential settlements or judgments. It could range from a few thousand dollars for simpler cases to tens of thousands or more for complex litigation. Consulting a Texas lawyer specializing in business law can provide a more accurate estimate based on your specific circumstances.
How long do you have to file a lawsuit in Texas?
In Texas, the statute of limitations for filing a lawsuit varies depending on the type of case. For personal injury claims, including car accidents and medical malpractice, you generally have two years from the date of the incident to file. For breach of contract, you typically have four years. However, it's crucial to consult with a Texas lawyer near you to understand your specific situation and deadlines. Legal costs can vary based on the complexity of the case and the lawyer's fees, ranging from a few hundred to several thousand dollars.
What is the average settlement for personal injury in Texas?
The average settlement for personal injury in Texas varies widely depending on factors like severity of injury, liability, and insurance coverage. It can range from a few thousand to millions. Consulting a Texas settlement lawyer familiar with personal injury cases in the state is crucial for accurate assessment and representation.
What is the average payout for a personal injury claim USA?
The average payout for a personal injury claim in the USA varies widely depending on factors like the severity of the injury, medical expenses, lost wages, and more. It can range from a few thousand to millions of dollars. To ensure the best outcome, consider consulting the best lawyer in Texas specializing in personal injury claims for expert guidance and representation.
How much can you sue for pain and suffering in Texas?
In Texas, there's no set limit for suing for pain and suffering. It varies case by case, depending on factors like severity of injuries, medical expenses, and impact on life. Consult a Texas lawyer near you or the best lawyer in Texas for accurate guidance.
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