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W.J.A. v. D.A.

Nos. A-77 September Term 2010, 067093

43 A.3d 1148 (2012)

210 N.J. 229

W.J.A., Plaintiff-Respondent, v. D.A., Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 16, 2012.

Corrected May 21, 2012.

Attorney(s) appearing for the Case

Timothy J. Hinlicky argued the cause for appellant.

Stanley L. Bergman, Jr., argued the cause for respondent.

Thomas J. Cafferty argued the cause for amicus curiae New Jersey Press Association (Gibbons, attorneys; Mr. Cafferty, Nomi I. Lowy, Newark, and Lauren James-Weir, on the brief).

Frank L. Corrado, Wildwood, argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation (Barry, Corrado, Grassi & Gibson, McCusker, Anselmi, Rosen & Carvelli, and Edward L. Barocas, attorneys; Mr. Corrado, Mr. Barocas, Bruce S. Rosen, Florham Park, and Jeanne M. LoCicero, on the brief).

PER CURIAM.

At issue on this appeal is the present-day vitality of the doctrine of presumed damages. We hold that presumed damages continue to play a role in our defamation jurisprudence in private plaintiff cases that do not involve matters of public concern. Where a plaintiff does not proffer evidence of actual damage to reputation, the doctrine of presumed damages permits him to survive a motion for summary judgment and to obtain nominal damages, thus vindicating...

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