Defamation of a Public Figure

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fifth element for defamation of a public official or public figure.

Miscellaneous Driving Rules

In addition to rules regarding parking a motor vehicle, starting and stopping a motor vehicle, signaling and turning a motor vehicle, and the right-of-way of a motor vehicle, most vehicle and transportation codes contain other driving rules with regard to motor vehicles. Such rules include railroad crossings, mountain driving, and rules with regard to passengers.

Action by a Parent for a Tort against His or Her Child

In accordance with general tort principles, a person who injures a child through his or her tortious conduct is liable to the child for the child's damages. A parent who is entitled to the child's services or who has a legal duty to provide medical treatment for the child is also entitled to damages from the person for the person's tortious conduct towards the child.

Tax Consequences of a Settlement in a Tort Action

When a plaintiff and a defendant enter into a settlement of the plaintiff's tort action, the tax consequences of the settlement will depend upon whether the damages are allocated in the settlement agreement.

Damages in Actions Involving Recreational Boating Accidents

When an action involving a recreational boating accident is brought in accordance with federal admiralty law, such federal admiralty law controls the issue of damages. Damages under federal admiralty law are similar to damages under the common law.