It appears that no Indiana case has considered the wire service defense. If you are aware of any Indiana cases, please notify us.
Statute of Limitations for Defamation
The statute of limitations for defamation in Indiana is two (2) years. See Indiana Code sec. 34-11-2-4.
Indiana is unusual in that its courts have held that the statute of limitations begins when the "damage" of the statement is "susceptible of ascertainment," rather than when the statement was published. Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840 (Ind. 1992). The Wehling court determined that this means the statute of limitations begins when the plaintiff knew about the harm caused by the disputed statements or would have known about the harm if she had exercised due diligence.
Indiana has no case law on whether or not the single publication rule applies. If you are aware of any Indiana cases that acknowledge the single publication rule in the Internet context, please notify us. For a definition of the "single publication rule," see the Statute of Limitations for Defamation section.
Massachusetts Defamation Law
Note: This page covers information specific to Massachusetts. For general information concerning defamation, see the Defamation section of this guide.
Elements of Defamation
In Massachusetts, the elements of a defamation claim are:
a false and defamatory communication
of and concerning the plaintiff which is
published or shown to a third party.
Carmack v. National R.R. Passenger Corp, 486 F.Supp.2d 58 (D.Mass 2007). A plaintiff must also prove that the defendant's fault in publishing the statement amounted to at least negligence. These elements of a defamation claim in Massachusetts are similar to the elements listed in the general Defamation section, with the following exceptions:
Defamation Per Se