Florida Libel, Slander And Defamation Legal Questions

Defamation, in its most basic form, generally requires the following elements: 1. The Defendant published a false statement; 2. About the Plaintiff; 3. To a third party; and 4. The falsity of the statement caused injury to the plaintiff. Most common issues with completing the necessary elements for defamation are either that the statement made by the potential Defendant was an option and not a statement of facts or that there was no injury to the potential Plaintiff.  In the situation you described, what I commonly see is that the statement made on Facebook, while perhaps untrue and downright mean, is an opinion.  Without seeing the posts or knowing more about you, I obviously can’t give an opinion on whether the statement is an opinion.  Another consideration is that even if you have a case, litigation is expensive.  Now, from a practical consideration, your first step should probably be to contact Facebook and make a complaint.  I believe they have a link from the homepage.  You mention that these statements are being made on other venues as well.  You may find spending some money to hire a lawyer for a cease and desist letter.  Oftentimes, these are enough to stop the conduct.... Read Answer

An civil trial lawyer would be a good start. Be prepared to pay a retainer out of pocket for such services as its not lkely a "contingent fee" case where the lawyers gets paid if he wins.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.... Read Answer

Its possible to sue for a variety of issues in your facts. The bigger issue is whether you are willing to spend the money on lawyers to undertake such actions as such cases typically involve a great deal of emotional decision making and this amplifies the legal expenses on both sides. This type of fact patterm is typically NOT a contigent fee case where lawyers get paid if they win. You can call our office 1-800-922-6442 for FREE consultation on this issue if you would like.... Read Answer

Depends on more facts, what was the motive? what as actually said? were others involved? If nothing else, you should report this to your compnay HR for internal investigation and resolution.  If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.... Read Answer

Well, no they don’t necessarily have to follow through with taking legal action.  However, just because they haven’t done so yet doesn’t mean a process server won’t show up on your doorstep to serve you with a lawsuit.  It is possible that they just hired the lawyer to send the letter and have decided after weighing the costs and strengths/weaknesses of their cause of action just not to pursue the matter.  I will caution to be careful what you post.  Obviously, I don’t know anything about the situation, but when using terms like “fraud” and “fraudulent,” you can get yourself in a legal gray area.  Fact is an absolute defense to a defamation action.  However, fraud is a legally technical term and, therefore, using it could and I stress could give some clout to a lawsuit.  All that said – to answer your question directly – no, they don’t have to follow through on their cease and desist letter. ... Read Answer

There is no way to know just from describing a set of facts, as they are always self serving. The Devil will be in the details. YOu should file a complaint with your HR department and see what they do. If no action or improper action is taken,then you will have some better information to consider legal action. ... Read Answer

Well, what you are describing may amount to extortion or invasion of privacy. It all depends on how much your freind is willing to spend on attoney's fees to address the issue. If the answer is "none" then it may be an embarrassing learning lesson to be more selective of who he or she goes home with, parties with or hangs out  with. ... Read Answer

If you can ID the offender, there are several ways to sue this person under the facts you described. Biggest issue is do you a) have the money to spend hiring a lawyer and b) want to actually spend it, to address such an issue. This is always the issue with defamation matters and especially online issues.... Read Answer

Well, you may…  the law has been a little murky with nude/intimate photos.  Particularly, when it comes down to whose property the photos are and what the owner may or may not do with them.  For more in-depth commentary, you can read a blog I wrote on the subject last year http://carpentermcleod.com/revenge-porn-a-whole-new-disgustingly-creepy-corner-of-the-internet-opens-a-new-legal-arena/.  However, in my opinion, particularly depending on how the photos were “shared” with him and what he is captioning with these photos when he, for example, shared with his cousin, you may just have a case for defamation.  Or, you may be able to argue that the photos were “shared” with limited rights of use that you revoked upon termination of the relationship.  This is a pretty new legal arena, but I’d suggest meeting with a defamation attorney to discuss the details in a confidential environment.  It may costs you a fair bit of money to litigate, but that could very well be worth it if it solves the problem.  Many attorneys will offer a free consultation, so at least you will have a good understanding of your options available to you.... Read Answer

Well first off, something is wrong when the allegations are against a 15 y/o cousin but the injunction is against you. You needot hire an attorney to deal with the injunction issues immediately. Second, you dont have much to allege about defamation when its based upon testimony to a court, that you dont oppose, as there is litigaton immunity. If you can prove it was false, you can look at abuse of process/malicious prosecution or perjury as potential remedies. ... Read Answer

Can you sue, sure… will you win, that’s a different story.  For defamation, here’s the elements you need to satisfy (in its most basic form): 1. The Defendant published a false statement; 2. About the Plaintiff; 3. To a third party; and 4. The falsity of the statement caused injury to the plaintiff. Here, basing from what you’ve posted, the potential defendant posted the statement that you’re a “fraud.”  Assuming it is untrue, then step 1 and 2 are satisfied.  It was posted on a public site so step 3 should be satisfied.  Now, the hard part – how were you injured?  Has your profession suffered monetary damages?  If so, what were they? And will it be worth it to sue?  Now this speaks only to defamation, and absolute defenses are truth and also if it was an opinion.  “Fraud” is a grey area.  You may also have other claims depending on the specific facts.  Contact a lawyer sooner than later and go through everything in a confidential environment.  If you do have a suit, you don’t want to run afoul of any statute of limitations issues.  ... Read Answer

Well, can you sue?  Sure.  Will you win?  Well, that’s the tough part.  A cause of action for defamation requires the following: 1. The Defendant published a false statement; 2. About the Plaintiff; 3. To a third party; and 4. The falsity of the statement caused injury to the plaintiff. So, the next step is to see if your facts fit the elements for the cause of action.  Publication can be made by telling another person.  The key to this is whether the statement that was made is false because truth is an absolute defense to a claim for defamation.  You mention it is a rumor involving drugs.  Without more facts, all I can say is to be sure it is false.  Next, does the statement involve you or your business (or both)?  Was it made to a third party?  It sounds like it was made to a third party, so you should know to whom it was made.  Finally, and this is often the sticking point, has it caused injury to you or your business?  …and what is that injury?  Generally, we’re talking about dollar signs here and that can be difficult to determine, but it is an important element.  Not to be too long-winded here, but you may also have a business tort against the potential Defendant.  You mention that the cause for spreading these statements is that the potential Defendant became a competitor of your business; therefore, you may have a tortious inference claim.  Facts are extremely important here so I would highly suggest setting up a consultation with an attorney sooner rather than later.... Read Answer