Oklahoma: Defamation

David A. Szwak

Oklahoma: Defamation

Postby David A. Szwak » Fri Oct 07, 2005 11:08 pm

"Malice" is presumed. State, Ex Rel. Pollution, Etc. v. Kerr McGee Corp., 1980 OK 166, 619 P.2d 858.

Malice is also presumed because defendant exhibited flagrant disregard of Plaintiffs’ rights or property [credit report]. Presumed malice is the equivalent to actual evil intent to injure Plaintiffs. Sopkin v. Premier Pontiac, Inc., 539 P.2d 1393, 1397 (Okl. App. 1975).

Malice is proven if the jury finds that defendant reported information about Plaintiffs with a conscious indifference as to the truthfulness of such information and in reckless disregard of the rights of the target of the report, Plaintiffs. Dun & Bradstreet v. Robinson, 345 S.W.2d 34 (Ark. 1961).

Malice may be proven by showing action or inaction done by defendant without just cause or excuse, which was in reckless disregard as to its results upon the rights of others.

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