Founded by Former SEC Attorneys

       In New York, a published statement is considered libelous per se if it imputes a person's incompetence, incapacity, or unfitness in the performance of his trade or profession. See Van Lengen v. Parr, 525 N.Y.S.2d 100, 100 (4th Dept. 1988). Moreover, if such statements are libelous per se, a plaintiff does not need to prove any special damages resulting from this damage to his business reputation. See Wellington Funding and Business Consultants, Inc. v. Continental Grain Company, 686 N.Y.S.2d 425, 426 (1st Dept. 1999), see also Langenbacher Co. v. Tolksdorf, 605 N.Y.S.2d 34, 35 (1st Dept. 1993) ("Where the disparagement impugned… competence… injury was presumed and no proof of special damages was required."). Furthermore, the damages claimed need not be limited to pure economic injury, as loss of reputation, humiliation, and emotional distress are also compensable. See Blumenstein v. Chase, 473 N.Y.S.2d 996, 998 (2nd Dept. 1984).

      Meyers & Heim LLP is experienced in representing individuals in defamation actions.