Mark & Galusha, LLC: Defamation of Character Lawyers in Saddle Brook and Hillsdale, New Jersey.

In the matter of Donald J. Trump v. Timothy L. O'Brien, Time Warner Book Group, Inc. and Warner Books, Inc., Donald Trump filed a civil suit against Timothy L. O'Brien and Time Warner Book Group, Inc., for defamation of character after Mr. O'Brien published a book regarding Donald Trump.

The standard elements for defamation contain (1) a false and defamatory statement regarding an individual (2) unauthorized publication of a statement to a third-party (3) negligence on the part of the publisher and (4) damage to the claimant. Nevertheless, even with all four standards being shown, defamation of character is generally a difficult cause of action as the damages claimed will need to be shown as ample. Further, the intent of the defaming statements of defendants must also be indicative of malice towards the plaintiff. Finally, the settlements and verdicts reached in defamation of character cases usually do not cover the attorneys' fees required to obtain a successful outcome. A skilled attorney will often candidly discuss the potential results prior to agreeing to litigate on behalf of a client.

In Mr. Trump's Complaint, he claimed that Mr. O'Brien had tarnished his reputation with creditors and harmed additional other business interests by printing statements of three individuals which asserted that Donald Trump's net worth was in the millions - - not billions. Certainly, the average person has difficulty imaging what the significant difference is between the significant sums of money.

Initially, there was concerns regarding jurisdiction as Mr. Trump was a resident of New York yet had many business interests in New Jersey. Mr. O'Brien may have had business interests in New York but he had residence in New Jersey. Ultimately, Mr. Trump decided to take a risk and file suit in New Jersey. The reason this decision was risky is that different States institute different laws in which to protect journalists and their anonymous sources.

In New York, the New York Shield Law creates two categories of sources - - one being confidential and another being non-confidential. Sources found to be non-confidential are only provided qualified protection while those that are "confidential" are provided with absolute protection.

In New Jersey, N.J.S.A. 2A:84A and N.J.R.E. 508, otherwise known as the "newsperson's privilege" provides that a person employed with the news media has the "privilege to refuse to disclose, in any legal or quasi-legal proceeding...the source."

Nevertheless, the trial court decided to consider both New York and New Jersey law in making its decision. The court did not reach the conclusion that Mr. O'Brien had printed the statements in malice and while his research into the statements made by the anonymous sources could have been more in-depth, it certainly was not lacking. The trial court dismissed Mr. Trump's defamation of character claims. Further, on appeal, the Appellate Division affirmed the trial court's findings despite their findings that the trial court judge had a very "narrow" opinion of shield laws protecting journalists.

If you feel that you have been the victim of defamation of character, libel or slander, please do not hesitate to contact Mark & Galusha, LLC. Our attorneys are capable of navigating the complex world of mitigating damages in cases such as these and they will provide you with sound legal advice regarding your issue. We can be reached at (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the "contact us" page. Mark & Galusha, LLC, are experienced attorneys serving Saddle Brook, Hillsdale and all of Bergen County, New Jersey.