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

After Adams's (defendant) time-barred childhood sexual-abuse claims against his uncle Anderson (plaintiff) failed and Anderson won a counterclaim for defamation and frivolous litigation, Adams published a website renewing the abuse allegations and accusing Anderson of perjury and witness intimidation. Anderson sued for defamation; the trial judge found the statements defamatory per se (accusing him of serious sexual and criminal misconduct) but granted summary judgment for lack of provable damages. The appellate court reversed, holding Anderson need not prove actual damages, and Adams appealed.

Whether most jurisdictions apply presumed damages in cases involving defamation per se, meaning the claimant need not prove actual losses to recover.