Defamation / Communications Law
First Amendment Advocacy and Litigation
Representation by One of the Foremost Authorities
Representative Cases in Defamation and Communications Law
About Our Defamation and Communication Law Unit
The law firm of Mansfield, Tanick & Cohen, P.A. maintains one of the largest and most successful departments in Minnesota in representing individuals and organizations in connection with defamation and communications law. The unit represents clients in:
- Defamation and libel claims
- Invasion of privacy
- Violations and interpretation of Minnesota Government Data Practices Act and the Open Meeting Law
- All related communications law matters
The law firm also represents authors, writers, journalists, publishers, and media companies in connection with a variety of First Amendment freedom of the press and speech issues, including defense against defamation. Our Twin Cities attorneys have represented individuals, companies and organizations throughout Minnesota, the Midwest and nationwide.
A substantial portion of the law firm’s work in defamation and communications law deals with the Internet and e-mail. Widespread use of these technologies have created an increasing number of legal issues that have been addressed by the law firm.
The Firm has had many successful cases involving issues of defamation and communications law. The following are some illustrative examples of defamation and communications law matters that Mansfield, Tanick & Cohen attorneys have successfully handled:
Representative Cases in Defamation and Communications Law
- Marshall H. Tanick, Stephen H. Parsons, Phillip J. Trobaugh and Brian N. Niemczyk, obtained a ruling in Mansfield Tanick & Cohen's favor from the Court of Appeals in a defamation matter stemming from a book entitled “Raising Roger’s Cross.” The book falsely accuses our clients of murdering a teenager nearly 50 years ago in rural Minnesota. The Defendants tried on three separate occasions (and once in a related case) to move venue away from Hennepin County. Because publication of the book occurred in Hennepin County, the Court of Appeals ruled that one of the elements of defamation, venue, was retained.
- Andrew J. Jackola recently obtained a victory in Hennepin County District Court on behalf of a commercial printing company that sued an out of state publishing company and its owner for defamation and breach of contract. Ruling in favor of the printing company, the Court held that the publishing company and its president were liable for defamation based on their sending a disparaging letter to the printing company's bank, which included unfounded allegations of financial manipulations by the printing company. The case will soon go to trial on the sole issue of damages for the defamation claim.
- The law firm successfully obtained a jury verdict in Hennepin County District Court for defamation for a woman who was falsely depicted in a photograph in the newspaper as being a “welfare mother” when in fact she was not receiving public assistance.
- The law firm successfully defended a newspaper that was sued for allegedly libeling a woman who claimed that she was engaged in prostitution services at the State Fair, with the jury in Hennepin County finding in favor of the newspaper represented by the law firm.
- Defending a labor union that was sued for defamation and other torts by a former union member who claimed that the union officer maligned her reputation in connection with the termination of her employment, which resulted in a ruling by U.S. District Court in Minneapolis ruling in favor of the law firm’s labor union client and dismissing the lawsuit.
- Successfully represented another labor union in the construction industry that sued for defamation by a non-union contractor in Red Wing, which resulted in the court dismissing the lawsuit on grounds that the union’s criticism of the non-union contractor were Constitutionally legally protected under the First Amendment of freedom of speech.
- Obtaining school records concerning the suicide of a student at the school, along with award of $30,000 in attorney’s fees to the parents of the deceased student in Buffalo, Minnesota.
- Securing access to government records at the University of Minnesota reflecting questionable practices in animal research on behalf of non-profit animal rights organization in Minneapolis.
- Representing individuals and their families who were falsely portrayed in negative light of Minnesota-based authors writing about childhood experiences in the state.
- Obtaining a settlement in excess of $40,000 on behalf of an undercover police officer in Albert Lea, whose privacy was invaded by disclosure of his undercover status by a local newspaper.
- Obtaining a large settlement on behalf of a teenage boy who was inaccurately described by a television station as having a “mental” disorder due to a learning disability.
- Obtaining a large settlement on behalf of a patient of a medical clinic that revealed the patient’s confidential medical records without authorization.
- Obtained dismissal of a lawsuit brought against a psychologist in Hennepin County who made a report to the court concerning the individual’s wrongful behavior.
- Joining with other law firms as part of a large class action, which resulted in a multi-million dollar recovery for account holders of a bank in Minneapolis that wrongfully divulged confidential financial information about those individuals.
- Obtaining a large settlement on behalf of a caretaker of an apartment building who was defamed by a local newspaper in Washington County, which wrongfully reported that he had been a victim of domestic assault when, in fact, he had been a witness to the assault and reported it to the police.
- Obtaining a front-page retraction and monetary settlement on behalf of an attorney who was falsely termed a "bag man" for a local politician in St. Paul.
- Obtaining a $130,000 judgment for a pair of students whose medical and education records were wrongfully given out to a man who was convicted of sexually abusing them.
- Work with another law firm in obtaining a $600,000 settlement on behalf of a businessman who was defamed by a Twin Cities business magazine.
About Our Defamation and Communication Law Unit
The Defamation and Communication Law Unit of MANSFIELD TANICK & COHEN, P.A., consists of a number of professional personnel, including the following:
- Marshall H. Tanick is a Senior Shareholder of the law firm, who heads the department. He is a former journalist, has twice been given the “Author’s Award” by the Minnesota State Bar Association. He has edited and written columns for a number of business and professional magazines, has served on the Minnesota News Council, has received the First Amendment from the Minnesota Society of Professional Journalists, and also received the Award of Excellence from the University of Minnesota Journalism Alumni Association. He has taught courses on media law at William Mitchell College of Law and Hamline University, and is a regular columnist for several business and law magazines, including Minnesota Lawyer, Bench & Bar magazine and Dog World magazine. He also served as an expert witness in a number of defamation and privacy-related cases.
- Steven H. Silton is a Shareholder and Director with Mansfield, Tanick & Cohen, practicing in the areas of corporate and commercial law, with a sub-emphasis in commercial and complex bankruptcy matters. Mr. Silton also handles defamation and communications law issues.
- Phillip J. Trobaugh is a Shareholder with the law firm, who handles school cases. He has taught courses in Privacy Law at Hamline University School of Law and the University of Minnesota Law School and has written articles about education-related matters that have been published in the Hennepin Lawyer magazine, for which he has served as editor-in-chief.
- Teresa J. Ayling, a Shareholder in the law firm, who also heads the law firm's alternative dispute resolution (ADR) department, dealing with arbitration and mediation of defamation, privacy, and other related matters.
- Stephen H. Parsons, an Associate attorney with the firm, handles defamation, and related matters, including claims on behalf of individuals who have been defamed in books and other publications.
The attorneys are aided by a team of paralegals and law clerks who also work on defamation and communications law issues.
The Firm regularly publishes a newsletter entitled "Data Watch" summarizing developments and trends in defamation law.
Articles of interest in Defamation Law:
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