Mark & Galusha, Employment Law Attorneys - Hackensack, Bergen County, New Jersey

The New Jersey Supreme Court will decide in a defamation action whether damages are presumed or whether the plaintiff must prove actual harm to reputation in order to be awarded damages.  In W.J.A. v. D.A., A-77-10, the Plaintiff sued his employer after his employer created a website that stated that the plaintiff is a child molester.  The defendant moved for summary judgment, claiming that the plaintiff could not prove actual harm to his business and familial relationships as a result of the website posts.  The trial court granted the defendant’s motion for summary judgment, but the appellate court reversed, finding that damages are presumed and that a jury should be able to determine what amount of damages, if any, should be awarded to plaintiff in these circumstances.  The defendant appealed to the New Jersey Supreme Court.

The Supreme Court has granted amicus status to the New Jersey Press Association, and the American Civil Liberties Union of New Jersey has also requested such status. 

Mark & Galusha, Lawyers handling employment matters in Cliffside Park and Edgewater, Bergen County, New Jersey.

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