Statements of pure opinion are not actionable as defamation, as they do not imply facts capable of being proven true or false. Qureshi v. St. Barnabas Hosp. Ctr., 430 F. Supp. 2d 279, 288 (S.D.N.Y. 2006); Cochran v. NYP Holdings, Inc., 58 F. Supp. 2d 1113, 1121 (C.D. Cal. 1998).
However, not every opinion qualifies as a pure opinion. And not every opinion is safe from liability for defamation. Some opinions cross the line.
A recent court decision in Fradkoff v. Winston out of the Southern District of New York sheds light on how, and when, opinions may become defamatory.
Fradkoff, the plaintiff, and Winston, the defendant, both worked for a prestigious jewelry company founded by the defendant’s father. Fradkoff v. Winston, 24 Civ. 1830 (VM), 2025 U.S. Dist. LEXIS 118444, at *2–3 (S.D.N.Y. June 23, 2025). After his father’s death, the defendant assumed control of the company and later published a biography about his father’s leadership. Id. The book portrayed the plaintiff negatively, and the plaintiff brought a defamation claim. Id. at *3-4.Continue Reading When Do Opinions Become Defamation?