Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Citation
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Parent Document
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 2019-02-25
Other Sections in This Document (23)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
- Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
Full Text
1,466 charsHere, the judge appropriately dismissed the plaintiffs' defamation claims where the plaintiffs failed to allege any loss or prejudice stemming from Roberts's statement. See Ravnikar, 438 Mass. at 630-631. The plaintiffs alleged that Roberts stated "in front of others ... [that] 'although DuLaurence tells everyone he is a lawyer, he is lying, everyone knows he is not a lawyer.' "7 The complaint further alleged that Roberts made that statement "intentionally, recklessly, with malice, hatred, spite, ill will, and resentment to harass and bully" DuLaurence, and that the statement called DuLaurence's "professional reputation" and "veracity" into question, causing "both plaintiffs stress and anxiety." Although a statement questioning DuLaurence's legal qualifications could potentially have prejudiced his profession, the plaintiffs did not allege any continuing impact, contrast Van Liew, 92 Mass. App. Ct. at 129, suffered as a result of Roberts's statement, beyond generally alleging the statements caused them "stress and anxiety." Moreover, because Roberts's statement concerned DuLaurence's qualifications alone, Carnelli cannot claim damages. See Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991), quoting New York Times Co. v. Sullivan, 376 U.S. 254, 288, 292 (1964) ("To succeed ... on an action for defamation, a plaintiff must ... show that the alleged defamatory statement published by the defendant was 'of and concerning' the plaintiff").