On May 21, 2012, the New Jersey Supreme Court ruled, in W.J.A. v. D.A., that a private party alleging defamation need not proffer evidence of actual damages to survive a motion for summary judgment and reach a jury. A-77-10, (N.J. May 21, 2012). The court concluded, however, that in the absence of proof of actual damages, the plaintiff is limited in recovery only to nominal damages (typically a trivial sum of money, such as $1.00, simply to recognize that a legal injury was sustained), and not compensatory or punitive damages.


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Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

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