Quote:
Originally Posted by George Rice
He absolutely does not have to prove the statements are false. That is absurd. You're basically claiming Postle has to prove a negative. If someone told your boss at work you were a child molester, you wouldn't have to prove you weren't. How would you do that? The accuser would have to prove you were. All Postle would have to prove is that the statements were made and that he suffered a loss because of it (He may have to assert he's not a cheater. But he doesn't have to prove it). If Postle claims that the statements were made maliciously (which probably isn't necessary to win, but could add to the damages), then he would have to prove malice. But that's an additional claim not mentioned in the suit. It possibly could be added later.
Postle's fame, to the degree he has that, came from the allegations against him. Almost nobody knew who he was before the claims against him. Good luck trying to claim he was a public figure. The accusers made him one.
Here is the first definition I located providing the elements of the claim and a cite to the Restatement of Torts. Do you have anything showing the Plaintiff does not have to prove the statements were false?
Elements
In order to establish a prima facie case of defamation, a plaintiff must prove:
a false and defamatory statement by defendant concerning the plaintiff;
an unprivileged publication to a third person;
fault, amounting to at least negligence; and
actual or presumed damages.
Chowdhry v. NLVH, Inc., 109 Nev. 478, 483, 851 P.2d 459 (1993)(citing Restatement (Second) of Torts, § 558 (1977)).
If the defamation tends to injure the plaintiff in his or her business or profession, it is deemed defamation per se, and damages will be presumed.
Chowdhry v. NLVH, Inc., 109 Nev. 478, 483-84, 851 P.2d 459 (1993).
Example Cases
Proof
Whether a statement could be construed as defamatory is a question of law
Whether a statement is capable of a defamatory construction is a question of law. Branda v. Sanford, 97 Nev. 643, 646, 637 P.2d 1223, 1225 (1981). A jury question arises when the statement is susceptible of different meanings, one of which is defamatory. Id.
Chowdhry v. NLVH, Inc., 109 Nev. 478, 483-84, 851 P.2d 459 (1993).
Whether a statement is true/false is a question of fact
Accordingly, a jury must be allowed to determine whether the statement has any “basis in truth,” Wellman, 108 Nev. at 88, 825 P.2d at 211, since the truth or falsity of an allegedly defamatory statement is an issue of fact properly left to the jury for resolution. Nevada Ind. Broadcasting v. Allen, 99 Nev. 404, 413, 664 P.2d 337, 343 (1983).
Posadas v. City of Reno, 109 Nev. 448, 453, 851 P.2d 438, 442 (1993)