Best Lawyers 2021


Libel/Defamation Litigation
Kirby & Kirby LLP

Libel/Defamation Litigation

As an experienced litigation Firm, our attorneys have frequently handled a variety of tort litigation cases, including defamation, libel and slander matters and have tried such cases many times.  The following are examples of cases involving defamation: 

  • Michael L. Kirby recently tried a month long defamation case where the plaintiff alleged that the defendant had defamed him.  Kirby’s client, the defendant, had filed her own cross-complaint for defamation as well back against the plaintiff.  At trial, the plaintiff asked for $3 million in damages against Kirby’s client.  The jury awarded the plaintiff nothing.  Kirby’s client prevailed on her defamation claim and the jury awarded her $250,000 in compensatory damages and $2.5 million in punitive damages. 
  • Michael L. Kirby represented a local law firm in an action involving charges by a former associate that he had been terminated in retaliation for “whistle-blowing” about improper billing practices and had been defamed in the process. The matter was resolved on a confidential basis just before trial by the insurance carrier, without any expense to the client.
  • Michael L. Kirby represented the plaintiff, a former employee/joint venturer with certain of the defendants in a number of art galleries throughout the western United States. Following defendant’s unilateral termination of her interests, the plaintiff sued for breach of contract, fraud, defamation and interference with contract. One of the issues involved defendants’ participation in a scheme to mass-market fake “Salvador Dali” prints which was featured on the television program “60 Minutes.”  The jury returned a verdict in favor of plaintiff and against all defendants, awarding plaintiff lost future profits and other damages.
  • Michael L. Kirby defended a claim for wrongful termination and defamation by a former managerial employee of a medical supply company.  Kirby’s clients were three co-employees who allegedly conspired to terminate and defame the plaintiff.  Following a nine-day trial, and at the conclusion of plaintiff’s case, the court granted a non-suit in favor of Kirby’s clients.
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