Chairman Awarded Nominal Damages for Defamation Claims

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In the case of Lyons v. Heid, a chairman brought an action before the court (Connecticut), and sought damages against individuals for insufficient and unnecessary litigation and defamation.

A chairman, who was charged with the primary function of operating a public utility plant, was involved in political controversies. Individuals had made statements about the chairman, which were published. The individual also initiated a lawsuit against the chairman. The chairman brought suit against the individual for vexatious litigation and for defamation. Upon review, the court dismiss the chairman's action against the one individual for vexatious litigation because for the chairman to prevail in a claim for vexatious litigation, the chariman must have proved want of probable cause, malice, and termination of suit in the chairman’s favor. In addition, the court rendered judgment in favor of the chairman against the other individual because in order to be a legally effective retraction, the retraction must have represented a withdrawal of the libelous charge and a clear effort to undo the damage done by the libel. In law, a retraction is a public statement made about an earlier statement that withdraws, cancels, refutes, or reverses the original statement. Finally, in a case where a claimant's clear legal right was invaded, he was entitled to at least nominal damages.

The court dismissed the cause of action brought by the chairman for vexatious litigation and slander. The court rendered judgment in favor of the chairman against the other individual in the chairman's claim for defamation.

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Source: Lyons v. Heid, 1998 Conn. Super. LEXIS 1516 (Conn. Super. Ct. May 29, 1998)