Defamation

July 23rd, 2019 by Rieders Travis in Defamation

DEFAMATION-INCOMPLETE STATEMENTS LACKING IN INTEGRITY Meyers v. Certified Guaranty Company, 2019 Pa. Super. LEXIS 1041 (October 28, 2019) Pellegrini, J.  Lower court dismissed the case on summary judgment.  Statements suggested that Meyers was incompetent and lacking in integrity.  The statements were said to be false. As held by Pennslvania courts, a statement qualified by the speaker as being only an opinion may nevertheless be considered a statement of fact if it could “reasonably be interpreted” as such by the audience.  See Braig v. Field Communications, 310 Pa. Super. 569, 456 A.2d 1366, 1373 (Pa. Super. 1983).  An opinion can be defamatory if is misleading or based on undisclosed facts which are not true.  Id. The crux of the statements on the message board was that Meyers was recreating value comic books and passing them off as “restored”.  The question is for a jury as to whether the message board and verbal statements to third parties were based on true facts. A trier of fact could determine that all of the subject communications were either statements of fact not verified to be true or mixed opinions based on misleading or undisclosed…