In a non-precedential memorandum, the Pennsylvania Superior Court rules that an elder law attorney who criticized living trust scams in a letter was entitled to summary judgment in a defamation lawsuit by a retirement planning company because the company did not show any actual harm. United Senior Advisor's Group, Inc. v. Blumer (Pa. Super. Ct., No. 365 MDA 2017, Feb. 14, 2018).
In November 2007, Pennsylvania ElderLawAnswers member attorney William Blumer wrote a letter detailing living trust scams involving companies that financially exploit seniors by exaggerating the benefits of a living trust. The letter named United Senior Advisors Group as one of the companies involved in such scams. Mr. Blumer sent the letter to one person who then disseminated the information to others.
United Senior Advisors Group sued Mr. Blumer and his law firm for defamation. Mr. Blumer filed a motion for summary judgment, which the trial court granted. The company appealed, arguing that it did not have to prove the existence of damages because the letter was defamatory per se.
The Pennsylvania Superior Court affirms, holding that the company had to show harm in order to prove defamation. According to the court, "while it did not have to establish economic loss, it did have to adduce some proof that its business reputation was affected by the communication."
For commentary on the case by Penn State Dickinson Law professor Katherine C. Pearson, click here.
For the full text of this decision, go to: https://www.pacourts.us/assets/opinions/Superior/out/Memorandum%20%20Affirmed%20%2010342917933024225.pdf?cb=1
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