A New Jersey appeals court on Thursday struck a $2.6 million jury award in a libel case, making clear that plaintiffs can't recover both actual damages and presumed damages.
The policy behind presumed damages, recoverable even absent evidence of difficult-to-prove reputational injuries, "is completely served if the jury accepts proof of 'actual harm' flowing from the defamation and makes an appropriate award of damages," the Appellate Division said in NuWave Investment Corp. v. Hyman Beck & Co. Inc., a published decision.
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