INES VALENCIA, APPELLANT,
v.
CITIBANK INTERNATIONAL, A FEDERAL EDGE ACT CORPORATION, APPELLEE
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Florida law does not recognize compelled self-defamation as an exception to the publication requirement for defamation claims, nor is the court prepared to create such an exception.
Plaintiff sued her former employer, Citibank, alleging defamation and compelled self-defamation. The trial court dismissed the compelled self-defamati…
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LEVY, Judge.
This is an appeal from an order of dismissal and Final Judgment entered against Ines Valencia (“Valencia”) for failure to state a cause of action. We affirm.
Valencia brought suit against Citibank International (“Citibank”) alleging defamation and compelled self-defamation. Specifically, Valencia alleged that Citibank’s reasons for terminating her were false and that she was compelled to disclose the false reasons for her termination to prospective employers. Citibank filed a motion to dismiss the Complaint. After a hearing, the court dismissed the compelled self-defamation count with prejudice for failure to state a cause of action and dismissed the defamation count without prejudice. Thereafter, Valencia filed a voluntary dismissal as to the defamation count. Valencia appeals the dismissal of the compelled self-defamation count.
To state a cause of action for defamation, in Florida, a plaintiff must allege that (1) the defendant published a false statement (2) about the plaintiff (3) to a third party and (4) that the falsity of the statement caused injury to the plaintiff. Seropian v. Forman, 652 So. 2d 490 (Fla. 4th DCA 1995). Valencia asks us to set a precedent and recognize compelled self-defamation as an exception to the publication requirement.
Under the doctrine of compelled self-defamation the publication to a third person is, in essence, eliminated. Under the doctrine, a defendant will be liable for alleged defamatory statements she or he made to the plaintiff in private if the plaintiff is “compelled” to repeat or republish the alleged defamatory statements to a third party. See Lewis v. Equitable Life Assurance Society of the U.S., 389 N.W. 2d 876 (Minn.1986). We hold that Florida law does not provide for an exception to the publication .requirement of defamation nor are we prepared to create such an exception.
Affirmed.
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Razner v. Wellington Reg'l Med. Ctr., Inc., 837 So. 2d 437 (Fla. 4th DCA 2002)…h a cause of action for defamation, a plaintiff must show that (1) the defendant published a false statement about the plaintiff, (2) to a third party, and (3) the falsity of the statement caused injury to the plaintiff. Valencia v. Citibank Int'l., 728 So. 2d 330, 330 (Fla. 3d DCA 1999). When bringing a cause of action for defamation based on oral statements, a plaintiff need not set out the defamatory language verbatim; it is sufficient that the plaintiff set out the substance of the spoken words with suffi…
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Nitv, L.L.C. v. Elwood Gary Baker, 61 So. 3d 1249 (Fla. 4th DCA 2011)…false statement about the plaintiff, (2) to a third party, and (3) the falsity of the statement caused injury to the plaintiff.” Razner v. Wellington Reg’l Med. Ctr., Inc., 837 So. 2d 437, 442 (Fla. 4th DCA 2002) (citing Valencia v. Citibank Int’l., 728 So. 2d 330, 330 (Fla. 3d DCA 1999)). “A jury verdict must be sustained if it is supported by competent substantial evidence.” State, Dep’t of Children & Family Servs. v. Amora, 944 So. 2d 431, 435 (Fla. 4th DCA 2006) (citing Richey v. Modular Designs, Inc., 8…
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Bass v. Rivera, 826 So. 2d 534 (Fla. 2d DCA 2002)…The elements of a cause of action for defamation are: “(1) the defendant published a false statement (2) about the plaintiff (3) to a third party and (4) that the falsity of the statement caused injury to the plaintiff.” Valencia v. Citibank Int’l, 728 So. 2d 330, 330 (Fla. 3d DCA 1999). In its final summary judgment, the trial court stated “that assuming the allegations of Defamation are correct, the allegations are not tied to the Defendant and any comments by Defendant are not slander per se.” We conclude…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Diran M. Seropian, M.D. v. Hamilton C. Forman, 652 So. 2d 490 (Fla. 4th DCA 1995)