Libel, Slander And Defamation Legal Questions

You may have a case. You would need to prove the falsity of the allegations and also that the statements were published to a third party which caused you damages. I have successfully brought a case against a media company but every case is uniuque and fact specific. Reach out to counsel here in the state of Florida for possible contingency fee representation which means you pay nothing unless you win. ... Read More

Most lawyers are aware that a corporation must be represented by counsel in legal proceedings. See, e.g., Szteinbaum v. Kaes Iversiones y Valores, C.A., 476 So. 2d 237 (Fla. 3rd DCA 1985). However, Florida Small Claims Rule 7.050(a)(2) (2007), provides that a corporation “may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation.”So in your fact pattern, you did not specify whether the case is in a small claims court. If it is in a small claims court, then it appears that your husband does not need an attorney. If it is in a higher court, then yes your husband needs counsel.    ... Read More

None. The LL can raise the rent to whatever they want each lease period. If there are expensive repairs needed to the property - this cost gets passed on to the tenant. There is no $500.00 a month rent with $10,000.00 of repairs needed to rent the unit. Your COVID issues have no bearing on a residential rental. If the rent is too high or the value to little for the cost, you don't continue the rental or sign a new lease, you move elsewhere if there is a better deal. ... Read More

You can't have your cake and eat it too. You can't sue to make people like you or treat you as you demand. The remedy here is to move. If you claim you can't move, then you will to find the means to act like an adult and ignore "the bad words" or the "bad man." You can file a complaint with the management, BUT, you might find this esacalates the issue rather than lessens it. In the meantime if you reside there you will have to pay the rent or you risk an eviction. ... Read More

"I also have lots of proof of false allegations according to her police statement that can debunk her lies" Yet it seems YOU agreed to allow an injunction to be entered against you. Seems inconsistent with your claims of innocence. That stated, you need to retain the lawyer now you should have when the injunction was filed to address this properly before this gets further "off the rails." ... Read More

Defamation can be hard to prove in court. You probably need counsel ( I do not do these cases). Certainly send the family member a written certified mail notice of what they said, why it is false and demand they delete the false statements or you will take action and demand damages and attorney fees. It helps if you have actual proof that what is being said is false. Remember, opinions are not actionable.   Good luck... 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

We smart people say -- So? There is simply nothing factually stated here other than "They are rich! and I want some!." You provide only your own self serving conclusions such as "they libeled me" where properly - you need to leave the conclusions to the lawyers and just present the facts. Equally, not sure how you have an EEOC issue if you relate that you have your own business as there are no protections for business vs. business disputes. While you might have a legal case in the morass of issues you related - you will need to plan on spending money out of pocket as you won't generally find coherent lawyers willing to take such cases on a contingent fee and those that do - sadly - typically with draw after a few months once it becomes clear that no one is stroking a $1,000,000.00 settlement check. I say this so you can better prepare for what you will need to do if you truly expect to pursue such a case. ... 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

If he took money under false pretenses, that might be a felony (depending on facts and evidence). You should start with filing a police report. When the money was received, it went to someone. Libel and Slander are very hard to do and even if you win, since you are trying to collect from a person whose character engages in libel and slander, the likelihood of collecting damages is low.... Read More

it is impossible to know if he has a case without knowing what you have communicated about him to others.  If you sent an email to members falsely stating that he had been convicted of molesting a child, he would have a case.  Opinions, however, are not actionable, so if you said he is a bully, he would not have a case based on your expressing that opinion.... Read More