New York Libel, Slander And Defamation Legal Questions

No one can guarantee your complete protection. A recent example tells us that Mariah Carey's brother sued her for defamation for publishing her memoir. The law that protects her public interest speech, while recognizing her brother's limited right to protect his reputation in a public interest discussion will apply to you and your ex. Bottom line: all public speech on a matter of public interest in NY receives the highest constitutional protection. Your ex would have to demonstrate malicious publication, meaning you are knowingly lying about him and that he has a substantial basis to proceed, such as damages or his public persona to protect. Write your memoir. Shop it around and make sure your publisher's contract includes the obligation to provide you with liability insurance that includes personal advertising injury, or if you self-publish, make sure you have your own liability policy and attorney before doing so.... Read More

Opinions are not actionable in New York. Our state law only allows a defamation claim to proceed against a statement of objective fact that is probably false. Moreover, our long-arm jurisdiction statute exludes defamation so jurisdiction in New York courts over out-of-state defendants for statements made online is highly questionable. Finally, our Strategic Litigation Against Public Participation protects all online statements on matters of public interest, which typically includes consumer rights or complaints.  So next steps: a notice of apperance means somebody filed a summons in New York Supreme Court and is presumably trying to serve your friend. I'd collect a copy of your social media post, your friend's repost (mere republication is not actionable even if the original post is), the cease and desist letters, and the court papers your friend recieved and get a consult from a New York attorney to develop an action plan. Look for a free consult and get started. Delay doesn't help you. The action plan is probably a demand letter to withdraw any action and pointing out further legal proceedings will likely result in the company paying your attorneys' fees. There's no law against the New York Company coming to your state and suing you there, though. Whatever state that is, I suspect they'll have similar problems under any state defamation law.... Read More

For starters, you're posting from New York (apparently). New York law, called long-arm jurisdiction, specifically excludes out-of-state defamation about someone in New York. So you'd have to sue this guy in Florida. You can write letters and make demands from New York, assuming you know who he is, but a lawsuit has be to in Florida. Being called a pedophile is probably going to qualify for libel in any state, but consult with a Florida counsel to discuss the specifics including any Florida SLAPP Act and privileges that may apply. ... Read More

Much more information is needed in order to answer your question. What's not clear is what type of job/profession you have, type of facility you work in, the accusations against you, whether there was an investigation/inquiry, whether the client was actually discharged involuntarily or is still in the facility, whether you are on a paid or unpaid leave of absence, and the length of your leave of absence.  If you are on an extended unpaid leave of absence and you can prove the client lied, you may have an action for slander against the client.  The statute of limitations is one year from the time of the slander, so keep that in mind. Depending on where you are employed, there should be procedures in place for investigating the conduct of which you were accused, and your employer is responsible for following those procedures and conducting an investigation. If the procedures were not followed and that results in loss of salary, and you can prove that had the procedures been followed you would have been exonerated, you may also have an action for money damages against your employer. ... Read More

There are two things you can call a person that, if you can prove they called you this and also prove damages, could form the basis of a slander complaint: a murderer, or an adulterer.  Calling someone gay- and certainly "implying" someone is a homosexual- is not slander. Calling a person "gay" is no longer considered a slur. It is illegal to discriminate against someone because they are homosexual, so how can it be illegal to call someone homosexual?  It isn't. That being said, whether or not the person in question is gay or straight, this scenario begs the question of why someone would feel the need to antagonize another person over their sexual orientation, whatever it may be. I hope this conversation (if it isn't completely hypothetical) isn't taking place at work, because it could form the basis of a sexual harassment complaint against the antagonizer- regardless of whether it was stated or implied.... Read More

You are free to spread the truth. Although clergy-congregant privilege allows a member of the clergy to decline to divulge congregant confidences, there is no liability for breaching such confidences. You are under no obligation, legally or morally, to continue to enable this person to slander others by remaining silent.   ... Read More

Assuming this happened less than a year ago, you may have a good case for defamation, since you are being accused of a serious crime and suffering financial harm as a result of it. The statute of limitations is one year, and an action for defamation must be commenced within one year of the slanderous statement. You need to prove financial damages that were directly caused by the slanderous statements, which it seems that you can do. ... Read More

In order to successfully sue for defamation, you must file the action within a year of the slanderous statement and prove special damages, meaning financial losses or loss of business opportunity directly tied to the statements. You can go to court to get an injunction against this person to prevent him from making these statements in the future. ... Read More