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

Nos. A-77 September Term 2010, 067093

43 A.3d 1148 (2012)

210 N.J. 229

W.J.A., Plaintiff-Respondent, v. D.A., Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 16, 2012.

Corrected May 21, 2012.


Attorney(s) appearing for the Case

Timothy J. Hinlicky argued the cause for appellant.

Stanley L. Bergman, Jr. , argued the cause for respondent.

Thomas J. Cafferty argued the cause for amicus curiae New Jersey Press Association ( Gibbons , attorneys; Mr. Cafferty , Nomi I. Lowy , Newark, and Lauren James-Weir , on the brief).

Frank L. Corrado , Wildwood, argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation (Barry, Corrado, Grassi & Gibson, McCusker, Anselmi, Rosen & Carvelli, and Edward L. Barocas , attorneys; Mr. Corrado , Mr. Barocas , Bruce S. Rosen , Florham Park, and Jeanne M. LoCicero , on the brief).


PER CURIAM.

At issue on this appeal is the present-day vitality of the doctrine of presumed damages. We hold that presumed damages continue to play a role in our defamation jurisprudence in private plaintiff cases that do not involve matters of public concern. Where a plaintiff does not proffer evidence of actual damage to reputation, the doctrine of presumed damages permits him to survive a motion for summary judgment and to obtain nominal damages, thus vindicating...

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