West Virginia Personal Injury Lawyer Blog

Defamation Under Ohio Law

Defamation Under Ohio Law

With the Republican National Convention in full swing this week, the xenophobic, apocalyptic vision of America on the brink of total destruction thanks to the failed “leadership” of our first “Muslim” President is on full display from the bully pulpit of the Quicken Loans Arena. Fact checkers are on the scene as well, ready to debunk every false and misleading statement that each convention speaker tries to pass off as fact. We’re likely to see much of the same next week, from the other side, when the Democratic National Convention kicks off in Philadelphia. With all of this rhetoric being spouted over the next couple of weeks, some of you might be wondering whether any of these statements are actionable in a Court of law. Can these speakers be held liable for defamation? To answer that question, we need to take a closer look at defamation law in America. I chose Ohio’s law since the RNC is happening in Cleveland this week, and since Ohio law on defamation is substantially similar to other state laws around the country.

SELF DEFENSE

I recently read an article discussing a group of men who stood outside of the Republican National Convention with their guns in holsters on their hips. The men took this action to draw attention to their Constitutional right to carry a gun, show that guns could be handled responsibly and in case they needed to act in self-defense. Self-defense is a concept constantly discussed in television shows, movies and throughout the media. However, my guess would be that many people do not completely understand the specifics of their state’s self-defense laws.

Direction from Above

Direction from Above

Dear Friends, Gretchen Wilson, who I attend church with on a regular basis, sent me the following statement that was made by Minister Joe Wright who opened the new session of the Kansas Senate with the following prayer. I thought that whoever you are, if in fact you believe in God, you would appreciate these remarks. Sincerely, Jim Bordas

An Analysis of Tom Brady's Strategic Decision to Appeal or Not to Appeal

An Analysis of Tom Brady's Strategic Decision to Appeal or Not to Appeal

Tom Brady has given up on the appeals process with regard to his four game suspension to start the 2016-17 NFL season resulting from his involvement in the Deflategate scandal surrounding deflated New England Patriots footballs in the 2015 playoffs. However, the reasons behind his decision are likely strategic.

A PLUG FOR THE OHIO VALLEY MALL

I live two miles from the I-70 East exit to the Ohio Valley Mall. I will freely admit -- I am a mall person. I can’t tell you how many times people have said to me, “There is nothing for me at that mall”. Well, I love our mall. I am addicted to Auntie Anne’s Pretzels and I love Fabio’s Pizza (which, by the way is owned by my neighbor). Books a Million? I am there at least two times a week.

THE STATUTE OF FRAUDS AND ITS IMPACT ON CONTRACTS

Potential clients, family and friends frequently ask what is required to make a contract legally binding. Many times, a contract simply requires an offer, acceptance of the offer and consideration. Consideration is something of value that is promised or contracted for that induces or motivates the parties to enter into a contract. While it is usually smart to document the terms of a contract to avoid future disagreements, verbal contracts are legally binding.

The Growth of Jamboree in the Hills

The Growth of Jamboree in the Hills

When my husband and I moved to St. Clairsville in 1974, things were pretty dull around there. We moved to St. Clairsville from Upper St. Clair, Penn., which is within walking distance of South Hills Village. The area was in the middle of an energy crisis and, as the saying goes, St. Clairsville “rolled up the streets” at 5:00. And, to top it off, we moved onto Graham Road, which to me, a city girl, was out in the country!

It's Not Rocket Science

Oh, but it is. In June, my son Casey took part in the 11th Intercollegiate Rocket Engineering Competition (IREC) at Green River, Utah, representing the West Virginia University Experimental Rocketry Team. This year’s competition involved 52 U.S. and international colleges and universities.

Heading to the Animal Shelter in Kanawha County, W.Va.

In an effort to assist areas impacted by flooding in the southern part of West Virginia, I was blessed to be able to go and deliver much needed supplies to the Kanawha Animal Shelter with Barb, president of Marshall County Animal Shelter board and Janie, volunteer fundraiser for the MCAS. We delivered donations from Marshall County to make sure all the furry babies had what they needed after being in the flood. MCAS also sent van loads of supplies to the Greenbrier Animal Shelter in White Sulphur Springs that was also hit hard by what is being called the “1,000- year flood.”

TIME TO ALLOW VIDEO CAMERAS IN FEDERAL COURT

TIME TO ALLOW VIDEO CAMERAS IN FEDERAL COURT

How is it possible that we can keep up with the Kardashians, but we cannot keep up with the Supreme Court? Although many states permit some form of video recordings of state court proceedings, video cameras and recordings are prohibited in the U.S. Supreme Court and all lower federal courts, save a very limited pilot project for some cases in three U.S. District Courts in San Francisco, Seattle and Guam.

recent verdicts & news

Winning Experience: Read about our Appellate Decisions, as well as our Verdicts and Settlements.

Recent cases: Kilgore v. Bedi, (Ohio County, West Virginia, 2013) - Medical Malpractice, Personal Injuries - nearly $900,000 Verdict

-- Turkoly v. Gentile et al., Verdict, $5,100,000.00(Medical Malpractice, Mahoning County, Ohio, 2013) -- Cox v. Personal Service Insurance Company, (Belmont County, Ohio, 2012) - Bad Faith Insurance Practices - $10,000,000.00 Verdict;