Anonymous wrote:Standard to prove defamation:
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement.
To prove 1 you need to prove that she herself did not believe she was in an abusive relationship when she wrote that article. And the article did not name him, so you are trying to say that she lied in saying she was in an abusive relationship. T
his bar is NOT met by JD.
2) This is met by publication in WAPO BUT is irrelevant if you have not proved #1
3/4) You have to prove that she has caused him injury via the op-ed. She may have caused him injury in many OTHER formats, but that op-ed did not cause the injury. Arguably, if you believe his side (and I frankly do not), the actual thing she did that damaged his career is contribute to his hand injury. That set back the production of Pirates 4 by a month and cost disney a crap ton of money and officially made him not just chronically late and occasionally unreliable, but a straight up liability. But that is not what he is suing her for, he's suing her for an op-ed published after their divorce and after the toxicity of their relationship and his substance abuse problems were WELL reported on. The problem with claiming the op-ed caused in injury is that so much injury was caused before.
So the only piece he has in the bag is #2. He does not have 1/3/4 when you consider the fact that what this actual legal case orbits around is the op-ed, not all this extra information they are presenting.