Libel, Slander And Defamation Legal Questions

Hi Dorothy, If what you posted was either opinion, a true factual accounting of what happened or a combinaition of the two than it is legally protected speech.  Given the fact that you have been sued you are going to need to respond to the lawsuit. Your case may be appropriate for a special motion to strike under California's anti-slapp statute that is designed to discourage frivolous lawsuits seeking to attack individuals from exercising their free speech rights. Let me know if you would like to dicuss this. Thanks, Jon... Read More

You may very well have a case.  The chief question is whether the story was false or not.  If one or a couple of facts are wrong, but the story is substantially true, then you still have no case provided the "sting" of the misreported information is not materially greater.  These issues are very fact specific.  You should consult with a defamation attorney in your area about these issues. ... Read More

You will probably want to speak with a lawyer about this, because whether or not the Topix posts are actionable as defamation will depend on numerous factors, not the least of which is the exact words used in the post and the context in which the statements were made.  Not all "bullying" is actionable in a court of law, but some is.  Also, if you're being stalked or physically threatened, you should consider calling the police.  Sometimes they can help. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege. ... Read More

If the "vicious rumors" are false, and Brother B eithers knows that they are false or should know that they are false, then Brother A and Sister likely have a valid cause of action against Brother B for slander.  These are very serious allegations Brother B is making, which can cause great harm to Brother A's and Sister's reputations, so I would suggest you sit down and speak with a defamation lawyer about your options. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege. ... Read More

To be clear, whether you have a case and what its legal value is, is something needs to be determined by a lawyer. You will simply need to speak to a lawyer and have THEM determine what they think of your case. Simply declaring it to be a big big case worth lots and lots of money, does little to impress a lawyer knoweldgeable about defamation cases. To the contrary, the vast majority of such cases are not handled on a contingent fee, but rather an hourly rate and retainer, where the client pays for the lawyer out of pocket.... Read More

Based on that limited amount of information, I can tell you that you have a potential case for defamation, but you should really consult an attorney if you want a more definitive answer.  The elements of defamation are laid out here. In short, you may have a viable claim if your employer is telling others falsely that your license is suspended and/or that you are being investigated by the police.  If the statements were made in a privileged context, however, you may need to show malice or other grounds for loss of the privilege.NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege. ... Read More

Questions that you pose are waaaaaayyyy too general to even begin to respond to. Most lawyers wont take defamation cases on a contingent fee as there is usually little collectiable money and many of them are more about an angenda than money recovery. Since most clients are angry enough to pursue the issue with a free lawyer but not angry enough to pursue with a FEE lawyer, these cases typically go nowhere other than angry blogs or pro-se filings.... Read More

First, if you are naked at your husbands ex-wife's house, or hanging out with them, for any reason, poor poor decision. Second, probably several forms of legal action that could be taken, BUT all expensive and none likely taken by and coherent lawyer on a "contingent" fee for a variety of reasons. Bigger issue is that you will now have to do with the humiliation of that poor decision and the controversy it has caused.... Read More

Like many lawsuits, a defamation claim can be brought by filing a Complaint in the appropriate Circuit Court.  Depending on how much you are seeking, you may even be able to bring a claim in the General District Court, which is more user friendly and handles claims up to $25,000. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

One thing that he could do is file a complaint alleging libel and defamation of character against his ex-girlfriend.  To prove defamation, the plaintiff must show that the statement was (1) false and defamatory (tending to lower one's reputation in the community), (2) that the statement was "published" to a third party and was not privileged, and (3) that the publication was conducted negligently. As you can see, libel claims are complicated.  And for that reason, I suggest that you consult a lawyer in your jurisdiction specializing in defamation/libel law, media law, or internet law.  There is no guarantee that he would prevail, but if the comments are false and designed to injure his reputation, there is a chance that he could succeed.... Read More

The devil is in the details. I would need to know the precise facts. If your employer alerted the police or prosecutors office of an alleged wrongdoing, and the police found there was wrongdoing, then your employer acted responsibly. The fact that you are entering pre-trial intervention would state that you agree with the fact that there was a charge against you and you agree to address that charge by entering into the pretrial intervention program. Please remember, that the only way you can be charged in New Jersey is by either an indictment or an accusation. The employer can only alert the police. The employer cannot bring charges. Please call to discuss.... Read More

You are in an interesting position with regard to the law. The New Jersey legislature is contemplating a law which would address the pictures being placed on the Internet. Your legal position is difficult because the law has not been passed. How did she obtained the pictures? If she obtained the pictures legally, you are in a difficult position. As for the threats, The question is whether the level of the threats reaches harassment or terroristic threats? What did she actually say or write? If threats are not significant, the police will not take action. You can bring a civil action, but the costs are significant. Please call if we can help.... Read More

The employer had a legal obligation to investigate complaints of the two employees. Investigation determined that two employees brought a complaint against you for sexual harassment. The testimony of the two employees protects the employer. You could bring a libel action against two employees. However, the cost for the litigation would be significant. You are the plaintiff and as such, have the burden of proving the case.... Read More