US Lawyer Database

Section 8341 – Single publication limitation

§ 8341. Single publication limitation. (a) Short title of section.–This section shall be known and may be cited as the “Uniform Single Publication Act.” (b) General rule.–No person shall have more than one cause of action for damages for libel or slander, or invasion of privacy, or any other tort founded upon any single publication, […]

Section 8342 – Justification a defense

§ 8342. Justification a defense. In all civil actions for libel, the plea of justification shall be accepted as an adequate and complete defense, when it is pleaded, and proved to the satisfaction of the jury, under the direction of the court as in other cases, that the publication is substantially true and is proper […]

Section 8343 – Burden of proof

§ 8343. Burden of proof. (a) Burden of plaintiff.–In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised: (1) The defamatory character of the communication. (2) Its publication by the defendant. (3) Its application to the plaintiff. (4) The understanding by the recipient of its defamatory meaning. […]

Section 8344 – Malice or negligence necessary to support award of damages

§ 8344. Malice or negligence necessary to support award of damages. In all civil actions for libel, no damages shall be recovered unless it is established to the satisfaction of the jury, under the direction of the court as in other cases, that the publication has been maliciously or negligently made, but where malice or […]

Section 8345 – No liability when without power of censorship

§ 8345. No liability when without power of censorship. Liability shall be denied and no recovery shall be allowed against the owners, licensees and operators of any visual or sound radio and television station or network of stations or against the agents, servants or employees of such owner, licensee or operator, for the publication, utterance […]

Section 8351 – Wrongful use of civil proceedings

§ 8351. Wrongful use of civil proceedings. (a) Elements of action.–A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings: (1) he acts in a grossly negligent manner or without probable cause and primarily for a […]

Section 8352 – Existence of probable cause

§ 8352. Existence of probable cause. A person who takes part in the procurement, initiation or continuation of civil proceedings against another has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based, and either: (1) reasonably believes that under those facts the claim […]

Section 8353 – Damages

§ 8353. Damages. When the essential elements of an action brought pursuant to this subchapter have been established as provided in section 8351 (relating to wrongful use of civil proceedings), the plaintiff is entitled to recover for the following: (1) The harm normally resulting from any arrest or imprisonment, or any dispossession or interference with […]

Section 8354 – Burden of proof

§ 8354. Burden of proof. In an action brought pursuant to this subchapter the plaintiff has the burden of proving, when the issue is properly raised, that: (1) The defendant has procured, initiated or continued the civil proceedings against him. (2) The proceedings were terminated in his favor. (3) The defendant did not have probable […]