Q: Is Defense counsel responsible for Libel statements publicly filed in response to PI auto civil complaint?
Defense responded that plaintiff was not wearing a seatbelt when defendant rear ended Plaintiffs auto. Plaintiff, after filing civil suit for this incident, was denied employment bc of risks presented by employee applicant, (myself).
Due to employer background checking and locating the public record in the court file defense counsel had written in response, i.e. plaintiff was not wearing seatbelt. Is there case precedence that such an allegation must be proven and that until proven it is damaging public information? The defense also placed my personal private details in a court filing to include my DOB, SS number, all last known addresses, etc. in an order for protective motion which the court denied entirely. Thus forcing defense counsel to offer settlement full limits. Can I ask the court to redact my public details in the public record? What is the likeliness of prevailing on libel and redacting my private information from the record? I am Pro Se.
A:
0% likelihood of prevailing on libel. Statements made in court are privileged, even false statements.
Sealing requests can be made. The particular statement you reference is not particularly sensitive or private, even though it was apparently damaging, so I am unconvinced that you would prevail on an effort to seal. To make the request, you must filed an Application or Motion that complies with Rule of Court 2.551.
Robert Kane agrees with this answer
A: Yes, defense counsel can be held responsible for libel statements publicly filed in response to a personal injury auto civil complaint. They should be careful about the statements they make and make sure they are accurate and truthful.
A: Statements made in judicial proceedings are a form of protected speech. You can ask the court to redact your social but I don't think they will redact your address and DOB because that is information that is easily available to the public. Providing your social in a public document is pretty lame but it's not against the law.
Robert Kane agrees with this answer
A: Statements made during court proceedings generally enjoy immunity from defamation claims. However, that doesn't change the evidentiary burden in civil law, where the party making an assertion(s) has the burden of proving it. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
