Exception to Rule: Plaintiff/Victim is Compelled to Publish

David A. Szwak

Exception to Rule: Plaintiff/Victim is Compelled to Publish

Postby David A. Szwak » Mon Oct 10, 2005 1:54 pm

"A minority of the states have created an exception to this general rule where "the plaintiff is effectively compelled to publish the defamatory material to prospective employers." Sullivan v. Baptist Mem'l Hosp., 995 S.W.2d 569, 573 (Tenn.1999).

The Court of Appeal of California explained the reason for recognizing an exception: The rationale for making the originator of a defamatory statement liable for its foreseeable republication is the strong causal link between the actions of the originator and the damage caused by the republication. This causal link is no less strong where the foreseeable republication is made by the person defamed operating under a strong compulsion to republish the defamatory statement and the circumstances which create the strong compulsion are known to the originator of the defamatory statement at the time he communicates it to the person defamed. McKinney v. County of Santa Clara, 110 Cal.App.3d 787, 797-98, 168 Cal.Rptr. 89 (1980), quoted in Churchey v. Adolph Coors Co., 759 P.2d 1336, 1344 (Colo.1988); Lewis v. Equitable Life Assurance Soc'y of the United States, 389 N.W.2d 876, 887 (Minn.1986)." Gonsalves v. Nissan Motor Corp. in Hawaii, Ltd., 100 Hawai'i 149, 58 P.3d 1196, Hawai'i, Nov 27, 2002

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