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A Public Entity’s Board Is Not Liable for Defamation for Posting Math and Budget Errors if the Errors Were Not Posted with Knowledge That They Were False

In the case of Halliday v. Bd. of Dirs. of the Mental Health & Recovery Bd. of Erie & Ottawa Ctys., 6th Dist. Erie No. E-19-011, 2020-Ohio-702, an Ohio appellate court held that a public entity’s board is not liable for defamation for posting math and budget errors if the errors were not posted with knowledge that they were false.

In this case, a former board director sued the board he used to direct after the board fired him because the board made statements attributing math and budget errors to him.

The Ohio appellate court held that the Board was not liable for defamation because the former board director could not provide clear and convincing evidence that the board posted math and budget errors in its minutes with knowledge that they were errors or that the board had a high degree of awareness that they were errors.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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