Publications

Articles on Defamation

Illinois lawyer sues online reviewer for defamation

By Matthew Hector
May
2018
LawPulse
Page 12
A Chicago lawyer has filed a million-dollar lawsuit against a negative online reviewer.

Anonymous online posting saga continues

By Matthew Hector
October
2015
LawPulse
Page 12
Comcast finally reveals the subscriber - a lawyer - whose account was used to post allegedly defamatory remarks about a Stephenson County official. The defendant vows to fight on.

Hadley: Author of anonymous online post must be revealed

By Matthew Hector
August
2015
LawPulse
Page 10
In Hadley, the Illinois Supreme Court rules that a defamation plaintiff who can survive a motion to dismiss can expose an anonymous online defendant.

Qualified defamation privilege applies to statements in condominium assessment lien

July
2012
Illinois Law Update
Page 352
On 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 statute

By Adam W. Lasker
March
2012
LawPulse
Page 126
The 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 Publications

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
Plaintiffs 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 Amendment

By Sarah A. Smith
April
2011
Article
Page 194
There'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.

Unhappy SLAPPers: more muscle for the Citizen Participation Act

By Helen W. Gunnarsson
December
2010
LawPulse
Page 610

“They’re Bad-Mouthing the Business”: Suing for Defamation and Related Claims on Behalf of a Corporation and its Officers

By Joseph J. Siprut
October
2010
Article
Page 528
Your business client wants you to respond to lies told by competitors or others. What now? This article reviews the options.

Illinois Interscholastic Association protected from defamation claims. PA 096-0723

June
2010
Illinois Law Update
Page 292
Illinois 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 suits

By Helen W. Gunnarsson
June
2009
LawPulse
Page 278
At 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 Act

By Adam Schwartz
March
2009
Column
Page 114

Illinois’ New Anti-SLAPP Statute

By Eric M. Madiar and Terrence J. Sheahan
December
2008
Article
Page 620
The 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 employer

March
2007
Illinois Law Update
Page 124
On 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 battered

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
The 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 hyperbole

January
2007
Illinois Law Update
Page 14
The 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. 

The Illinois Supreme Court and the “Fair Report” Privilege: A Free-Press Victory

By Michael M. Conway, Mona G. Thakkar, and Katherine Licup
August
2006
Article
Page 414
Reporters who accurately report accusations made as part of a government proceeding are protected from defamation suits.

Select a Different Subject