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W.J.A. v. D.A.

43 A.3d 1148 (2012)

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W.J.A. v. D.A.

New Jersey Supreme Court
43 A.3d 1148 (2012)

  • Written by Rose VanHofwegen, JD

Facts

Dave Adams (defendant) sued his uncle, Wayne Anderson (plaintiff), for molesting him as a child. The court found that limitations barred Adams’ claims, but Anderson prevailed on a counterclaim for defamation and frivolous litigation. Adams created a website recounting the allegations of abuse and accusing Anderson of perjury and witness intimidation. Anderson then sued Adams, claiming the website contained defamatory statements. The trial judge found the statements defamatory per se because they accused Anderson of serious sexual misconduct and criminal acts but granted summary judgment based on lack of cognizable damages. The appellate court reversed, finding Anderson need not show actual damages to recover. Adams appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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