Libel, Slander And Defamation Legal Questions

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 More

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 More

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 More

What can be done depends on what the "smear campaign" consists of.  Keep in mind that the First Amendment protects the right to express one's opinions.  What he can't do is make false statements to the public about how you run your business, in a manner that is likely to turn people away.  See my blog post for a more detailed discussion of what is required to establish defamation liability.... Read More

Yes, you could be in a lot of trouble if you were circulating nude pictures of a person without their consent.  The danger is magnified if she was underage at the time.  California is one of only a few states that has current laws against revenge porn, as only one potential cause of action.  You need to contact an attorney as soon as possible.  I have added a tag to your post under criminal defense, as that should be your primary concern at this time.... Read More

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 More

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 More

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 More

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 More

you would be well served having the arrest expunged. [you said there was no conviction to expunge.] you would then be able to answer legally that you were never arrested. this would be money well spent for both the kids and for your employment. i would not spend money on libel/slander in that these are difficult [and expensive] cases to win. the cost for the expungement is $1500. please call if we can help. ed dimon, esq. 732-797-1600... Read More

This answer does not create an attorney/client relationship.  If you can prove by the preponderance of the evidence that you were orally called a thief, you may have a case for slander per se (accused of the crime of theft).  If you can prove this was done in writing, you likewise may have a case for libel per se.  The terms per se mean that you do not have to, prove monetary damages.  In addition, if you can prove monetary loss, you may be entitled to those damages as well.  I am a S.C. lawyer and physician.  You must prove that these false statements were made, and the only defense to slander or libel is that the statement was true. Regards to you, Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

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 More