Oregon Personal Injury Lawyer Blog

Montana State University agreed to pay Mike Kramer $240,000 to settle the lawsuit he filed arising out of his termination in 2007. The court threw out some of his claims, including breach of contract. What remained for trial was whether MSU libeled, slandered or defamed Mike Kramer when it remarked on the termination.

Montana State terminated Kramer after police arrested players for trafficking cocaine and after the school lost scholarships for not meeting NCAA academic requirements. Kramer believed that comments referring to this as a "crises in leadership," for which he was responsible, hurt his ability to land another coaching job.

In Oregon, defamation claims require proof of the following:

1. A false statement.
2. The statement is communicated to a third person.
3. The statement tends to diminish the person's reputation, and
4. Either damage or a statement that is hurtful "per se.

" Typically, a person must prove harm or money loss before a court will get involved. The exceptions are for statements that we consider "defamatory per se." Examples include statements that a person has a "loathsome disease," are unfit for their employment duties, committed a crime involving "moral turpitude," or other statements that prejudice someone in their profession.

Although I did not see the paperwork in Coach Kramer's case, it appears that the trial would have proceeded on the claim that he was defamed by statements imputing an inability to lead a football program.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.