Qualified defamation privilege applies to statements in condominium assessment lienJuly 2012Illinois Law Update, Page 352On May 17, 2012, the first district appellate court held that statements made in a condominium assessment lien are not absolutely privileged when the condominium association does not enforce the lien by judicial foreclosure.
Narrowing the Illinois anti-SLAPP statuteBy Adam W. LaskerMarch 2012Lawpulse, Page 126The Illinois Supreme Court reins in a statute designed to stop misuse of defamation lawsuits to silence critics speaking out on matters of public interest.
Protecting anonymous online speakers: Stone v Paddock PublicationsBy Helen W. GunnarssonJanuary 2012Lawpulse, Page 10Plaintiffs seeking pre-suit discovery to unmask the anonymous online posters who allegedly libeled them must first state facts that support a defamation claim, the first district held.
Who Posted That? Anonymous Online Speech and the First AmendmentBy Sarah A. SmithApril 2011Article, Page 194There's a trend in defamation litigation to use pre-suit discovery procedures to uncover the identities of anonymous online commenters. The author considers the implications.
Illinois Interscholastic Association protected from defamation claims. PA 096-0723June 2010Illinois Law Update, Page 292Illinois lawmakers passed a bill protecting Interscholastic Associations from certain civil liabilities. According to the Interscholastic Association Defamation Act, associations with the purpose of "promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics" are immune from defamation claims, with the exception of claims involving actual malice.
Faster resolution urged for custody, SLAPP suitsBy Helen W. GunnarssonJune 2009Lawpulse, Page 278At a recent hearing, the supreme court rules committee was asked to speed disposition of child custody proceedings and SLAPP suits.
In Defense of the Citizen Participation ActBy Adam SchwartzMarch 2009Column, Page 114The Illinois Citizen Participation Act of 2007 protects expressive activity in furtherance of efforts to petition the government.
Illinois' New Anti-SLAPP StatuteBy Eric M. Madiar and Terrence J. SheahanDecember 2008Article, Page 620The Act should quell libel suits against those who legitimately petition government for redress. But does it also shield those who intentionally defame others?
Attorney's defamatory statement privilege applies to preliminary letter to employerMarch 2007Illinois Law Update, Page 124On December 22, 2006, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the claims against the defendant attorney because his allegedly defamatory statements were privileged and made in good faith.
"Innocent construction" libel rule - still standing but batteredBy Helen W. GunnarssonMarch 2007Lawpulse, Page 118The Illinois Supreme Court refused to abandon the rule in Tuite v Corbitt but overturned the trial and appellate courts who applied it in dismissing the plaintiff's case.
Defamation per se of candidate requires more than mean-spirited hyperboleJanuary 2007Illinois Law Update, Page 14The Illinois Appellate Court, Fifth District, recently affirmed the decision of the Circuit Court of Madison County, dismissing a defamation action brought by Maag, a judge in a retention election.