Florida Libel & Slander Questions & Answers

Q: Can you sue a family member for defamation or do they have different rules?

1 Answer | Asked in Libel & Slander for Florida on
Answered on May 5, 2017

You can file a lawsuit against anyone. The rules are the same. However, the outcome, the stress, and experience can be very different when the defendant is a family member. Often, lawsuits should be considered as a last result.
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Q: HII was working in NY and asked two of my former coworkers for a letter of

1 Answer | Asked in Libel & Slander for Florida on
Answered on May 1, 2017

You can sue anyone for anything. Will your suit be successful? I strongly doubt it.
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Q: What is the difference between libel and slander?

1 Answer | Asked in Libel & Slander for Florida on
Answered on Apr 15, 2017

Libel is in writing (or otherwise "published"). Slander is spoken. Collectively, both are called "defamation", because there probably remains little or no practical distinction between the two, in many cases.
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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 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: 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: Can I sue the gas station employee and the corporation?

1 Answer | Asked in Consumer Law, Libel & Slander and Personal Injury for Florida on
Answered on Feb 27, 2017

It doesn't look like you have any damages, so you therefore don't have a lawsuit. Telling false things about you or your boyfriend is not slander unless it is believed and thus actually harms your reputation.

Technically, snatching the soda out of your son's hand could be a battery, but again, with no damages it's a matter of "no harm, no foul".
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Q: My wedding made national news. I want to know if I can legally be compensated for it?

1 Answer | Asked in Libel & Slander for Florida on
Answered on Feb 10, 2017

You want to know if you can be compensated for the news media's us of your photos? Perhaps; how did they get your photographs?
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Q: Is it true that it's harder for public figures to sue for defamation?

1 Answer | Asked in Libel & Slander for Florida on
Answered on Dec 2, 2016

Yes it is a little harder because public figures have more factors to prove. The courts tend to distinguish between two types of Plaintiffs in defamation actions: “private individuals” and “public figures.” The difference in the way they are treated depends on the Defendant's knowledge in publishing the defamatory content. Private individuals need only establish that the publisher acted with "negligence." However, where public figures are concerned, the courts have found that there is a...
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Q: I need to know if a declatory judgement is the proper procedural device to remove derogatory info off the internet in FL

1 Answer | Asked in Libel & Slander for Florida on
Answered on Aug 26, 2016

As always, it depends. I am guessing that you are looking to remove a listing from Google search? If so, in that case, yes, you generally will need a declaratory judgment in a lawsuit in a case against the person who posted the derogatory information.
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Q: Can a person be charged for threatening a food stamp recipient they will be turned in for selling their food stamps

1 Answer | Asked in Libel & Slander, Public Benefits and Criminal Law for Florida on
Answered on Aug 4, 2016

Well, depends on the "threat." If the person did sell their food stamps, then there is an element of extortion if certain things happen. However, the person who sold food stamps has some exposure.
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Q: Hello, stuck. Can a cop take my dog from car even tho not in distress,window all the way down and water, FL,bay cty

1 Answer | Asked in Animal / Dog Law, Libel & Slander, Personal Injury and Civil Rights for Florida on
Answered on Jul 27, 2016

better pass the hat, pay now, argue later--otherwise fines mount, dogs go to shelter, after 7 days.......

Here's the deal. Dogs were either unsecured or in a position where they could have overheated. Did your folks both go? Did they leave a note? If the cop drove by, dogs died, cops would never hear the end about not enforcing ordinances that you do not leave a child or dog unattended in a car. Windows up, windows down, that's the way most ordinances are. No....unattended.....animal.
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Q: Can I sue a school for false accusations to cps?

1 Answer | Asked in Family Law, Libel & Slander and Personal Injury for Florida on
Answered on Jul 1, 2016

Unlikely as they have a duty to report and play it safe and report even iffy things. However why not contact a member of the Fla Trial Lawyers Assn? They give free consults.
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Q: Can I sue my sister for false statements and slander?

1 Answer | Asked in Libel & Slander for Florida on
Answered on Jun 28, 2016

In order to be defamatory, it has to be seen by a third party. Without such "publication", there would be no possibility that you could be damaged by this, if it were otherwise libelous. If the attorney sent the letter to you, it would not meet that requirement. So no.
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Q: I live in FL and have been repeatedly libeled and defamed by relatives in PA over a Guardianship. Can I sue them in PA

1 Answer | Asked in Libel & Slander for Florida on
Answered on May 17, 2016

Probably. If you had asked this question in the Pennsylvania section, you would have had a better chance of getting an answer.

Q: How would i sew the makers of a TV commercial that i feel uses racist insinuations...

2 Answers | Asked in Personal Injury and Libel & Slander for Florida on
Answered on Feb 10, 2016

You would file a complaint with the clerk's office. That said, this case would be kicked out ludicrously fast.

Q: Can you sue a bar for barring you for hear say. Slandering your name all over town?

2 Answers | Asked in Libel & Slander for Florida on
Answered on Jul 21, 2015

Bars can decide who to do business with. Talk to a local defamation lawyer about a potential slander claim.

Q: Being sued for defamation but have no money what should I be doing?

2 Answers | Asked in Libel & Slander for Florida on
Answered on May 30, 2015

Go to legal aid in your community and see if they can help you with this.

Q: My neighbor wrongfully called CPS on our family making false accusations of abuse and domestic violence. Can I sue?

1 Answer | Asked in Libel & Slander for Florida on
Answered on Mar 30, 2015

The proper suit to file might be one for malicious prosecution. Go see an attorney about this. You would most likely have to pay an attorney to file such a suit.

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