• Posts by Marissa Hauck
    Associate

    Marissa Hauck is an Associate at Cotchett Pitre & McCarthy, LLP. Her practices include mass tort, wrongful death, sexual abuse, and other forms of complex civil litigation. She is deeply passionate about advocating for survivors of ...

Reputation damage from online defamation can feel overwhelming, especially in the wake of high-profile cases like Johnny Depp v. Amber Heard, which suggest that clearing one’s name is a grueling and uncertain process. However, for private individuals, the legal system offers robust protections that make winning back your reputation far more attainable than commonly believed. Unlike public figures, who must prove “actual malice” in defamation cases, private individuals need only demonstrate that false and harmful statements were made negligently. This lower burden of proof means that everyday people can and do win defamation suits regularly. The article dispels myths fueled by celebrity cases, explains the legal distinctions between public and private plaintiffs, and offers practical advice for those facing reputational attacks: act quickly, document harm, and focus on the defendant’s negligence. Ultimately, the law is designed to protect private individuals from careless or malicious attacks, making reputation recovery not just possible, but achievable.

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Topics: Defamation

MICRA has been a contentious issue since its inception in 1975. For nearly half a century, its cap on non-economic damages remained stagnant at $250,000 despite skyrocketing inflation and living costs. At long last, it was increased to $350,000 two years ago; however, this limit still leaves potential victims with inadequate compensation for their pain, suffering, and emotional distress.

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