Case Study: McKee v. Laurion

Purpose:

The purpose of this assignment is to distinguish between the elements needed to establish a claim of defamation.

Objectives:

1. Students should differentiate between basis for the tort of defamation and ridicule.

2. Students should consider the significance of slander and liber.

Preparation Instructions:

1. Compose your Case Study: McKee v. Laurion assignment in Microsoft Word or a compatible word processing application.

2. The paper should be formatted and typed using Times New Roman, 12-point font,double-spaced, and one-inch margins (no exceptions).

3. The length of the paper should be at least 4 pages (including the title and references pages).

4. Use APA 6th edition formatting and use a minimum of 2 references.

Content Instructions:

Kenneth Laurion was admitted to a hospital in Minnesota after suffering a hemorrhagic stroke.

Two days later, he was transferred from the intensive care unit (ICU) to a private room. Dr. David McKee, a neurologist, examined him. Kenneth's son Dennis and other Laurion family members were present. Later, Dennis posted McKee's comments during the exam on "rate-yourdoctor" Web sites.

McKee filed a suit in a Minnesota state court against Dennis, asserting defamation. The court issued a judgment in Dennis's favor. A state intermediate appellate court reversed. Dennis appealed. The Minnesota Supreme Court reversed the decision of the intermediate appellate court.

Dennis's statements were not actionable as defamatory. There was no genuine question as to the falsity of the statements-they were substantially true. "Truth is a complete defense to a defamation action and true statements, however disparaging, are not actionable."

1. What are the required elements to establish a claim of defamation? Which party has to plead and prove these elements?

2. Which element of the claim is undercut by the "truth"?

3. How did the court's interpretation of the "truth" affect its decision in this case?

4. Suppose that Laurion had posted online, "When I mentioned Dr. McKee's name to a friend who is a nurse, she said, ‘Dr. McKee is a real tool!'" Would this statement have been defamatory? Explain.