Section 3 Common-Law Requirements and the Abandonment of the Per Se/Per Quod Distinction in Defamation

• Library: Damages 2012

The Supreme Court has eliminated the old per se and per quod distinction in defamation, under which plaintiffs suing over statements legally deemed defamatory per se were not required to prove damages, but could rely on the doctrine of presumed damages. Since 1993, plaintiffs must prove “actual damages” in all defamation cases. Nazeri v. Mo. Valley Coll., 860 S.W.2d 303, 313 (Mo. banc 1993). “[A]ctual injury,” however, is not limited to out-of-pocket loss. McQuoid v. Springfield Newspapers, Inc., 502 F....