In a defamation action, either actual damages or presumed damages may be sought, but not both. In the absence of proof of actual damages, only nominal damages may be awarded

The plaintiffs brought a claim for defamation based upon the contents of a background report prepared about them and which included comments attributed to the defendant. The defamation claim proceeded to trial, and a jury awarded presumed damages totaling $1.2 million and actual damages of $1.406 million. In affirming the Appellate Division’s decision overturning the verdict and ordering a new trial on damages, the N.J. Supreme Court held that either actual or presumed damages may be sought in a defamation action, but not both. Absent proof of actual damages, only nominal damages may be awarded.

_{Case Law Alerts, 3rd Quarter, July 2015}

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