A key element of defamation is not present.

It WOULD have if you succeded. Which you were clearly trying to do. You're scared you can't pull out on this one? Too bad. We never pulled out or even tried to, I think it isn't fair for the case to be dismissed that easily.

Did it succeed? No. Either you drop the case now or you lose in court since IG hasn't suffered harm to his reputation.

Okay, I won't get too cocky, but we're continuing the trial. We're not dropping it this far down the line.

okay. Just FYI it is going to happen on the 26th.

W e k n o w .

So you admit it then…YOU WANTED TO DEFAME INCOGNITO AND WERE AIMING TO DO SO.

Nope. Defamation requires that the defendant either know the claims were false or have a reckless disregard for the truth. Since neither is true.

this is a late response but i just wanted to correct this.

the definition of defamation is “ the action of damaging the good reputation of someone; slander or libel”

technically, all he needed to prove is that you did it to ruin his reputation, not necessarily knowingly lie about it.

This is from Cornell law school:
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement.