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ARTICLE · 04 MARCH 2014

Third Circuit Attempts To Untangle Defamation And False Light Invasion Of Privacy

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In Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant’s statement was not defamatory but was a false light invasion of privacy.

United StatesLitigation, Mediation & Arbitration
Foley Hoag LLP
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In Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant's statement was not defamatory but was a false light invasion of privacy ("false light"). The defendant appealed on the grounds that such a ruling was inconsistent as a matter of law. On February 20, 2014, the Third Circuit finally weighed in on the matter.

Pop Quiz: Defamation v. False Light

But before we get to the result, a pop quiz on defamation and false light: Apart from their distinct historical origins (the former derived from ancient common law and the latter from an 1890 article co-authored by Louis Brandeis), what is the practical difference between them?

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