Libel & Slander Questions & Answers by State

Libel & Slander Questions & Answers

Q: Not a class action and I was Pro Per. My attorney, soon to be former, is my employment attorney for my whistlerblowers

1 Answer | Asked in Constitutional Law, Employment Law, Libel & Slander and Personal Injury for California on
Answered on Mar 27, 2017

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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Q: After filing chapter 13 a repo man came to my door and demanded my vehicle. I saint I needed to talk to my atty. I tried

1 Answer | Asked in Libel & Slander, Personal Injury and Bankruptcy for Florida on
Answered on Mar 24, 2017

It depends upon whether this debt was listed in your bankruptcy filing. If so, yes, the bank can be sanctioned for which appears to be the so-called "automatic stay" provision of the Bankruptcy Code.

You should have notified the repo man that you have filed for bankruptcy and, if possible, given him a copy of the notice of case filing which is generated by the bankruptcy court.

What does your attorney say?
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Q: I was evicted I counterclaimed the landlord didn't show up I got default judgement do I win my claim?

1 Answer | Asked in Landlord - Tenant and Libel & Slander for Colorado on
Answered on Mar 23, 2017

A default judgment (which is what occurs when a party does not appear without cause) does mean you "won" the case. You should review any final materials you received from the court (they usually say "Final Orders" or something like that) to see exactly what the judge awarded. That is, the eviction was likely dismissed, but the counter claim would only be granted if you provided a minimum level of evidence to support the claim (and it was awardable under Colorado law).

As for the redo,...
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Q: My girlfriends paralegal mother claims to have done a background check without my consent on me. We're in Oklahoma.

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Libel & Slander for Oklahoma on
Answered on Mar 21, 2017

A "background check" can be as simple as running your name on public data bases such as the Oklahoma Supreme Court Network (OSCN). If she used a private or government database, it could cost her job.
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Q: Car accident need help!

1 Answer | Asked in Car Accidents and Libel & Slander for California on
Answered on Mar 21, 2017

Do not worry. The case seems so trivial that i doubt her insurance company will get involved. However, just to be safe, write her a letter indicating your agreement to buy the paint and your commitment to paint the car. Identify the date in which you entered into the agreement and the fact that you already found and purchased the exact paint to fix her car. Finally, remind her that both of you entered into said agreement and that you did not run away from the scene of the accident. Just in...
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Q: Can I sue a former Romantic Partner for Emotional Abuse, Physical Abuse, Negligence in New York?

2 Answers | Asked in Domestic Violence, Family Law, Libel & Slander and Personal Injury for New York on
Answered on Mar 21, 2017

YES, so long as this happened fairly recently in the past, which it did, and there are difference statutes of limitations for many of the torts (civil crimes basically) she committed against you. For example, assault and/or battery must be brought within ONE year, while you have THREE years to bring a claim for negligent infliction of emotional distress, etc.

One of the best claims you have against her is for defamation (libel/slander). When you say "She would always tell people nasty...
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Q: In Illinois can you sue a minor for defamation

1 Answer | Asked in Libel & Slander and Personal Injury for Illinois on
Answered on Mar 21, 2017

It is possible, but your chances of success depend on very specific facts that are not provided here. Further, even if you can prove defamation and actual damages, recovering is a different story. I would recommend organizing all information relevant to this situation, and consult with an attorney individually.
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Q: I have had two forms of gas entering my home as a result of HOA action/neglect. What are my rights?

1 Answer | Asked in Libel & Slander, Personal Injury and Real Estate Law for Florida on
Answered on Mar 20, 2017

I strongly suggest that you locate a personal injury firm in your local area asap and set up an appointment to meet with them and explain in detail the events you have suffered. Your have a limited time to seek legal advice regarding injuries such as you describe so time is of the essence here.
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Q: Please give me the contact details of a lawyer who can handle breach of clergy confidentiality and defamation

1 Answer | Asked in Libel & Slander for New York on
Answered on Mar 18, 2017

You can search this site for defamation lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: Any suggestions in a scenario where "medical professional" presented predetermined false testimony as expert witness?

1 Answer | Asked in Legal Malpractice, Libel & Slander, Medical Malpractice and Personal Injury for Florida on
Answered on Mar 11, 2017

If you are examined for court purposes, disclosure in the court is the premise of the exam. The expert's opinions are subject to cross examination and rebuttal by your experts. Discuss this with your attorney.
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Q: If you are wrongly accused of a crime can you sue for libel?

1 Answer | Asked in Libel & Slander for New York on
Answered on Mar 11, 2017

Potentially yes, you can sue for defamation of character. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: Wife cheated on me w/ a neighbor- what would be the risk of sending a mailer to the entire town exposing their affair?

2 Answers | Asked in Divorce and Libel & Slander for New York on
Answered on Mar 8, 2017

The risk in the divorce action is that it would make you look bad before a judge and it could possibly harm your chance of primary physical custody if that's what you want. But you should also consider talking to an attorney versed in libel/slander law.
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Q: can I sue a local paper for false information

1 Answer | Asked in Personal Injury and Libel & Slander for Illinois on
Answered on Mar 8, 2017

Yes, you can sue nearly anyone for nearly anything. The real question to ask is whether or not you will recover. In this instance, I understand it is embarrassing to be told you were in jail, when in fact you were not. However, unless the alleged slanderous statement was directed to the way in which you conduct your business, trade, or profession, you will need to be able to prove damages in order to recover. In order to prove damages, you must be able to prove specific economic loss...
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Q: Guidelines for Confidential Settlement ...

1 Answer | Asked in Personal Injury, Libel & Slander and Medical Malpractice for Nevada on
Answered on Mar 7, 2017

PTSD isn't usually worth much.Injuries to growth plates could be. Contact a member of the Nv Trial Lawyers Assn --they give free consults.
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Q: Can an employer lie about your income to an apartment?

1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Georgia on
Answered on Mar 7, 2017

I don't see that he has done anything other than lie--may want to keep an eye open for other jobs as he's not doing you any favors.
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Q: Can I be sued from someone outside the US?

1 Answer | Asked in Criminal Law, Constitutional Law, International Law and Libel & Slander for Ohio on
Answered on Mar 6, 2017

Free speech protections do not apply to defamation, and opinions are not defamation. Defamation is a false statement of fact (not opinion) that damages a person's reputation. If I say John the surgeon is the worst, I am not uttering defamation because that's my opinion of John. If say John the surgeon left a scalpel in my body, and it is not true, that is defamation.

In all likelihood, a person living in Spain would sue you in Spanish courts because the damage done to their reputation...
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Q: My coworkers name was printed in the local paper re: her past due sewer bill, along with many others' is this legal?

1 Answer | Asked in Libel & Slander for Arizona on
Answered on Mar 2, 2017

If she hasn't paid the bill, then it is likely legal. Truth is always a defense to any libel or slander claim. There is also a First Amendment "freedom of speech" issue. You may want to speak with a local attorney to see if there are other facts and circumstances that would make the publication unwarranted or trigger a legal cause of action.
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Q: Can a law firm mention my company name in its marketing, claiming it defeated my firm even if untrue?

2 Answers | Asked in Business Law and Libel & Slander for New York on
Answered on Mar 1, 2017

You can sue. Your issue is damages.
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Q: Is it not defamation of character when a tenant in apartment dwelling tells others a person calls police.

1 Answer | Asked in Landlord - Tenant and Libel & Slander for California on
Answered on Mar 1, 2017

I hear nothing illegal in your facts. See: https://www.justia.com/trials-litigation/docs/caci/1700/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Current apartment manager put false info on my credit report says we were evicted 7 time from place we still live at

1 Answer | Asked in Landlord - Tenant and Libel & Slander for Colorado on
Answered on Feb 28, 2017

There are civil means to punish a party who wrongfully places items on a credit report. This is best discussed with a lawyer on an individual basis and will not produce immediate results. For faster results contact the credit reporting agencies about making a claim for inaccurate or false reporting. The agencies do not work terribly fast, but if you present the correct documentation, the items will be removed (this part can be done both with or without a lawyer).
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