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Defamation Claim

By: Derek Hawkins//May 16, 2018//

Defamation Claim

By: Derek Hawkins//May 16, 2018//

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WI Court of Appeals – District II

Case Name: Thaddeus Martin Lietz v. Daniel Frost

Case No.: 2016AP2030

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Defamation Claim

Thaddeus Lietz filed a complaint alleging that Daniel Frost—a next door neighbor of Lietz’s parents—made defamatory remarks against him to his parents and within earshot of others. Among the more sensational of these statements was an accusation by Frost that Lietz had been peeking in Frost’s window and masturbating. The circuit court granted summary judgment to Frost. Although we agree that the court properly dismissed three of Lietz’s defamation claims, we conclude that one of Lietz’s claims was actionable per se, meaning Lietz was not required to prove special damages (the failure of which served as one of the circuit court’s grounds for dismissing this claim). Therefore, we reverse the circuit court’s order dismissing that claim and remand for further proceedings consistent with this opinion.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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