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Facts

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Submitted By giants1234567
Words 362
Pages 2
Andrew Farinich
Business Law I

Orlando v. Cole
Appeals Court of Massachusets, 76 Mass.App.Ct. 1112,921 N.E.2nd 566 (2010).

Type of action:
Facts: Joseph M. Orlando filed a complaint for slander against fellow attorney, Garrick F. Cole. Allegedly, Orlando suffered harm to his reputation as a lawyer when Cole made false comments to newspaper reporters (oral slander) about his role in an investigation involving a 17-year-old student and a high school basketball coach, Thomas A. Atwater. Cole filed a motion to dismiss the complaint which was allowed. At the time, Atwater was unrepresented and approached Orlando to admit that he had in fact sexually assaulted the high school student. He signed an affidavit and confessed to the police, while Orlando spoke to the media and gave them a copy of Atwater’s affidavit. Cole, who was now representing Atwater, told the same reporters that the affidavit was “inaccurate” and Orlando’s actions were “fraudulent” and “deceitful”.
Issue or issues of Law: Are the comments made by Cole reasonably susceptible of a defamatory connotation? Are Cole’s statements ones of fact, opinion, or a combination of both?
Holding & Reasoning of Court: In this case, the court concluded that the comments made by Cole are susceptible of a defamatory connotation because the terms used include “inaccurate”, “fraudulent”, and “deceitful”- which all imply misconduct. Orlando’s conduct and Cole’s allegations that the affidavit was “inaccurate” are factual due to the idea that they are capable of being proved false. The statements appear to be based on undisclosed defamatory facts, because the comments were not presented as opinions or in the context of cautionary language. Therefore, “within the context of the article, a reader could view Cole’s comments as based on undisclosed defamatory facts; they are not protected under the First amendment.

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