Disparagement? Defamation?

“[D]isparaging the quality or condition of a business’s product or service is not, standing alone, defamation per se. . . . [B]ecause there is no evidence of an actual injury to reputation and the disparaging remarks are not otherwise capable of a defamatory meaning, the pecuniary loss for which special damages were sought may be cognizable as business disparagement but not as defamation.” Innovative Block v. Valley Builders Supply, No. 18-1211 (Tex. June 26, 2020).

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