Friday, November 04, 2005

ic 34-15-4 says if you are suing a newspaper, first you have to request retraction, or it can cut into your dammages.
34-15-3 - same thing but TV


Home » Personal Injury » Indiana » Civil Law And Procedure » Causes Of Action: Defamation, Libel, And Slander » Pleadings in Actions for Libel or Slander » IC 34-15-1-1 Allegation; burden of proof

IC 34-15-1-1 Allegation; burden of proof

Sec. 1. In an action for libel or slander, it is sufficient to state generally that the defamatory matter published or spoken was about the plaintiff. If the defendant denies the allegation, the plaintiff must prove at trial the facts showing that the defamatory matter was published or spoken about the plaintiff.




Home » Personal Injury » Indiana » Civil Law And Procedure » Causes Of Action: Defamation, Libel, And Slander » Pleadings in Actions for Libel or Slander » IC 34-15-1-2 Truth; mitigating circumstances; evidence

IC 34-15-1-2 Truth; mitigating circumstances; evidence

Sec. 2. In an action for libel or slander, the defendant may allege:
(1) the truth of the matter charged as defamatory; and
(2) mitigating circumstances to reduce the damages;
and give either or both in evidence.

C 34-15-3-3 Retraction mitigates damages

Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if it appears, upon trial of the action, that:
(1) the words or acts were conveyed and broadcast in good faith;
(2) the falsity of the words or acts was due to mistake or misapprehension of the facts; and
(3) a full and fair retraction of any words or acts alleged to be erroneous was conveyed or broadcast:
(A) on a regular program of the radio or television company;
(B) within ten
(10) days after the mistake or misapprehension was brought to the knowledge of the manager; and
(C) at approximately the same time and by the same sending power so as to be as visible and audible as the original acts or words complained of.

Sec. 2. At least three
(3) days before filing a complaint in a suit described in section 1 of this chapter, the aggrieved party shall serve notice:
(1) in writing;
(2) on the manager of the radio or television station;
(3) at the principal office of the radio or television station; and
(4) that specifies the words or acts that the aggrieved party alleges to be false and defamatory.



Home » Personal Injury » Indiana » Civil Law And Procedure » Causes Of Action: Defamation, Libel, And Slander » Defamation Actions Against Radio and Television Broadcasters » IC 34-15-3-1 Applicability of chapter

IC 34-15-3-1 Applicability of chapter

Sec. 1.
(a) This chapter applies to a suit brought for:
(1) publishing;
(2) speaking;
(3) uttering; or
(4) conveying by words, acts, or in any other manner;
a libel or slander by any radio or television station or company in Indiana.
(b) Section 3 of this chapter does not apply to a case of libel or slander against a candidate for a public office in Indiana, unless the retraction of the charge is made in an audible or visible manner at least three
(3) days before the election.

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
11/04/2005 08:25:40 PM EST
IC 32-20-5
Chapter 5. Slander of Title

IC 32-20-5-1
Filing notices to slander title prohibited
Sec. 1. A person may not use the privilege of filing notices under this article to slander the title to land.
As added by P.L.2-2002, SEC.5.

IC 32-20-5-2
Filing claim to slander title; claimant's liability for costs and damages
Sec. 2. In any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall:
(1) award the plaintiff all the costs of the action, including attorney's fees that the court allows to the plaintiff; and
(2) decree that the defendant asserting the claim shall pay to the plaintiff all damages that the plaintiff may have sustained as the result of the notice of claims having been filed for record.
As added by P.L.2-2002, SEC.5.
http://www.in.gov/legislative/ic/code/title32/ar20/ch5.html



SUPREME COURT OF THE UNITED STATES

No. 92-479

TXO PRODUCTION CORP., PETITIONER v. ALLIANCE RESOURCES CORP., et al.
on writ of certiorari to the supreme court of appeals of west virginia

[June 25, 1993]

Justice Stevens announced the judgment of the Court and delivered an opinion in which The Chief Justice and Justice Blackmun join, and in which Justice Kennedy joins as to Parts I and IV.

In a common law action for slander of title, respondents obtained a judgment against petitioner for $19,000 in actual damages and $10 million in punitive damages. The question we granted certiorari to decide is whether that punitive damages award violates the Due Process Clause of the Fourteenth Amendment, either because its amount is excessive or because it is the product of an unfair procedure.
supreme court upheld $10 million in punitive damages - bad faith.

applicability:
The city is engaged in a pattern of bad faith slander of title against those to whom it sells property at the tax sale. So we have a good faith basis to ask for $10 million in punitive damages.

Chicago Title & Trust Co. v. Levine, 333 Ill.App.3d 420 (3rd Dist. 2002).

An attorney commits slander of title when he maliciously files a lien against property held in a land trust in contravention of the Illinois Attorney’s Lien Act. Here, lien was filed in violation of standing order not to encumber any of the property belonging to the parties.