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What Happens When a Twitter 'Tweet' of a Few Words Becomes a Horse Industry Defamation Lawsuit?

At Foster Swift, we've successfully defended equine-related defamation litigation. Today we're sharing an interesting case from Massachusetts that arose from a "tweet" of only a few words.

The Case

The plaintiff, Feld, owned a Thoroughbred named "Munition." She allegedly sold this horse through a Craigslist ad to a dealer who allegedly promised to place "Munition" with a "loving family" that would allow the plaintiff to visit him. Unfortunately, it was strongly suspected that the dealer instead shipped him to an auction where he may thereafter been slaughtered. Some media reports and Internet chatter followed the story of "Munition's" disappearance.

The defendant, Conway, was a Thoroughbred Bloodstock Agent who became involved in a heated Internet discussion regarding "Munition's" disappearance; she posted on Twitter: “[Plaintiff] -- you are f***ing crazy!” Because of this single "tweet," the plaintiff sued for defamation, claiming that the "tweet" defamed her reputation and attacked her sanity. In response, the defendant asked the Court to dismiss the case on the basis that the "tweet" was not defamatory but instead was mere opinion and hyperbole. The court agreed.

The Ruling

In its ruling, the Court took note of a few controlling points of law:

First, Massachusetts law provided that a defamation claim required the plaintiff to show (1) that the defendant made a statement concerning the plaintiff to a third party; (2) that the statement could damage the plaintiff’s reputation in the community; (3) that the defendant was at fault in making the statement; and (4) that the statement either caused the plaintiff economic loss or is actionable without proof of economic loss.

Second, under the First Amendment, opinions are constitutionally protected and cannot form the basis of a defamation claim. Also, "[a]n ‘expression of opinion based on disclosed or assumed nondefamatory facts is not itself sufficient for an action of defamation, no matter how unjustified or unreasonable the opinion may be or how derogatory it is." The court also noted that “[s]tatements that contain ‘imaginative expression’ or ‘rhetorical hyperbole’ are protected.

The Court then examined the defendant's "tweet" in its totality and in the context in which it was posted. In doing so, the Court found that the "tweet" was part of a heated Internet debate regarding the plaintiff’s responsibility for the disappearance of "Munition." Looking at the "tweet" in that context, the Court found, it was not defamatory because it "could not reasonably be understood to state actual facts about the plaintiff’s mental state. It was obviously intended as criticism—that is, as opinion—not as a statement of fact."

The case was: Feld v. Conway, Case No.: 13-13122-FDS (U.S. Dist. Ct., D. Massachusetts, 4/14/2014).

Defamation cases are serious and can be complicated. Direct your questions to a knowledgeable lawyer.

Categories: Defamation, Lawsuit, Sales/Disputes

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is considered to be one of the nation's leading attorneys in the field of equine law. A frequent author and speaker on legal issues, she has written over 400 published articles, three books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.

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Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.

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Equine lawyer, Julie Fershtman, has recieved these prestigious equine industry awards from respected equine organizations:

"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee

"Distinguished Service Award" - American Youth Horse Council

"Industry Service Award" - Michigan Equine Partnership

"Catalyst Award"- Michigan Horse Council

"Outstanding Achievement Award" - American Riding Instructors Association 

"Partner in Safety Award" - American Riding Instructors Association 

"Associate Service Award" - United Professional Horseman's Association

"National Partnership in Safety" Award" - Certified Horsemanship Association 

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Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.

Litigating disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).

Defending equine/farm/equestrian industry professionals,  businesses, and associations in personal injury claims and lawsuits.

Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.

Representing and advising insurers on  coverage and policy language as well as litigation;

Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.

Representing some of the equine industry's top trainers, competitors, stables, and associations.

Counseling industry professionals, stable managers, and individual horse owners. 

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Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.

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