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Texas Libel & Slander Questions & Answers
2 Answers | Asked in Libel & Slander and Internet Law for Texas on
Q: How do I go about filing a cyber libel lawsuit?
John Michael Frick
John Michael Frick
answered on Sep 8, 2023

A successful libel lawsuit requires the services of an experienced litigation attorney, a solid damage expert, and possible a market surveying company. Specific notices must be sent under the Defamation Act and the content of the defamatory publication must be carefully analyzed to avoid the... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Wanting to file lawsuit on company for wrongful arrest/termination - no investigation carried out

charged with and later dismissed due to lack of evidence

3rd degree felony with terroristic threats

event occurred in 2019, statue of limitations apply.

event occurred in a PRIVATE PROPERTY

event did NOT take place: caused impairment or interruption of public... View More

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:

1. A criminal prosecution was commenced against you

2. The defendant initiated or procured the prosecution...
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1 Answer | Asked in Criminal Law, Civil Rights, International Law and Libel & Slander for Texas on
Q: Online stalking from India to US,Defamation,Harrassment conducted by a group of individuals located in Texas .

Dear Sir/Mam,

Since last 4 years a mob of police officers from Jalgaon,India.Nashik,India,Pune,India,Mumbai,India have been conducting phone tapping and email snooping in the US.They have been involved in public defamation in US,Public Harrassment,online stalking,workplace defamation and... View More

James L. Arrasmith
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answered on Aug 6, 2023

As a Californian attorney, I understand your concern about online stalking, defamation, harassment, and other unlawful activities being conducted by individuals located in Texas and India. To address this issue, you should consider taking the following steps:

1. Report the incidents to the...
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1 Answer | Asked in White Collar Crime, Contracts and Libel & Slander for Texas on
Q: I was awarded damages in a civil suit and the defendant also has criminal history for similar scams so can I tell others

I would like to warn others who I know are considering using this contractor

T. Augustus Claus
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answered on Jul 27, 2023

While I understand your concern, it's essential to be cautious about how you share information about someone's criminal history, especially if you were awarded damages in a civil suit. Making false or defamatory statements could potentially lead to legal issues for you. Instead of... View More

1 Answer | Asked in Criminal Law and Libel & Slander for Texas on
Q: In Texas, is it legal for a police officer to disclose false information about someone having an outstanding warrant?

A police officer told a family member of mine that I currently have an outstanding arrest warrant, when in fact I do not. Isn't that considered "slander" or "harassment"?

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

It may be considered slanderous if your family member believed the police officer. If the family member acted on that information to cause you economic damages in some manner, you may have a cause of action against the police officer for slander. The officer is likely to raise the affirmative... View More

3 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for Texas on
Q: where can I find a healthcare lawyer who handles general negligence, medical negligence, & unprofessional conduct?

A minor was falsely accused of sexual abuse and questioned without parental consent by her dentist.

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

This is an extraordinarily unusual situation and there is no clear 'area of law' that governs it.

Complaints about unprofessional conduct of a dentist can be made to the Texas State Board of Dental Examiners (https://tsbde.texas.gov/complaint-investigations-process/). This may...
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1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: If the local cops harassed me and ignored my rights and several occasions how do I find a lawyer and how long do I have

When my ex left she told the police a bunch of lies to make it easier for her to leave state with my daughter. Afterwards I was harassed to the point that I wasn't even able to get my belongings from my house because literally every time I was seen I was pulled over and searched. I even fell... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2023

Your rights and remedies in this situation depend upon the particular facts and circumstances of your particular case, and some of those facts may not be within your knowledge at this time.

You should consult an attorney with substantial experience in civil rights litigation. F. Lee...
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1 Answer | Asked in Libel & Slander for Texas on
Q: What is my defamation case worth ? defamation per se. A doctor wrote a report and stated that I have hiv. Should I sue

My sons doctor , stated that I have HIV in my sons medical records and he uploaded it to many places , I have already asked him to remove the false information through certified mail , he said he would do it and that it was a mistake but he has not removed it yet . My sons medical records have... View More

John Michael Frick
John Michael Frick
answered on May 10, 2023

How much your case is worth depends on who sees that information, how it affects their perception of you, and how they change their treatment of you based upon that information.

If I were you, I would start keeping track of everyone who talks about you having HIV and how their actions...
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1 Answer | Asked in Constitutional Law, Communications Law and Libel & Slander for Texas on
Q: Could you start a class action lawsuit against Fox News for knowingly lying to people, or is it just free speech?
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.

Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise...
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1 Answer | Asked in Libel & Slander for Texas on
Q: Someone made false accusations against me and is having me investigated by cps. I want to sue for defamation

I want to find out who lied and made these horrific accusations because now I'm being investigated for lies. It's embarrassing because cps is telling everyone what I'm being investigated for and it's all a LIE.

John Michael Frick
John Michael Frick
answered on Mar 5, 2023

Finding out who is going to be tricky, if you don’t already know who it is. CPS will not disclose the identity of the informant and legally they cannot be required to do so. But it may become obvious to you during the course of the investigation.

I would urge the attorney representing...
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1 Answer | Asked in Libel & Slander, Employment Law, Workers' Compensation and Civil Rights for Texas on
Q: Do you believe under any section on any category are black people seen as equally equal or separateed equally equal?

Honestly honest opinion

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”

In my professional experience, I have rarely seen individuals treated...
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1 Answer | Asked in Real Estate Law and Libel & Slander for Texas on
Q: Can you please inform me (or direct me to appropriate information) on how to remove board members.

I know a petition to remove can be done, but I want to know the exact steps so if the majority of the owners wish to pursue this we don't get ignored for not following one particular procedure correctly. We currently have a rogue board president specifically, and it is unclear if these other... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2023

I will assume you are asking about removing board members for your Home Owner's Association "HOA."

Each HOA has it's own by-laws and rules. This usually includes the rules/process on adding and removing board members. To properly advise anyone, a lawyer would need a copy...
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1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... View More

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
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2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2023

You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence... View More

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Libel & Slander for Texas on
Q: Recover paid fees from Law Firm in Tx not communicating , filing motion, adhering to court process .Appoint new attorney

I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal

I am plaintiff and buyer filed petition... View More

John Michael Frick
John Michael Frick
answered on Nov 19, 2022

If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.

If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the...
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1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Texas on
Q: I am about to get charged for making a false statement about the police watching my house due to drugs? what kind of cri

me is this. I went to the national night out on September 20th and the police chief said to the police officer "her,its her".." investigation, tailed" the other police officer said "why?" and he replied "drugs". I took this personally as i have never even... View More

John Michael Frick
John Michael Frick
answered on Nov 6, 2022

It seems unlikely you would be charged for making vague statements at a National Night Out event.

Making a false statement to a police officer that is material to an ongoing criminal investigation is a crime. From your question, it doesn’t sound like anything you said was material to a...
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1 Answer | Asked in Libel & Slander for Texas on
Q: Can I sue my ex-wife for defamation of character?

I received a message from a mutual friend who it’s a screenshot of her telling him she was glad to get out of an “abusive relationship”. I have previously had other people, namely fellow church members, ask things like why did I hit her, etc.

None of this is true. My daughter (16... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

Yes. If you can prove that your ex made a false statement of fact about you which disparages your reputation and was believed by others causing you to lose some amount of money that can be calculated with reasonable certainty, you could prevail on a claim for libel or slander.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Libel & Slander for Texas on
Q: What type off lawyer do I need if movies producers are putting subliminal messages in movies that a putting me in danger

Grandfather was assassin for government was the killer from the town that dreaded sundown

John Michael Frick
John Michael Frick
answered on Sep 1, 2023

I think this is a problem that is beyond the ability of a lawyer to solve.

1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Small Claims for Texas on
Q: Persons. Presented themselves as law enforcement officers to me. To obtain a dog for a police department

I have texts. Recordings. Pictures. These men are not law enforcement officers. They are now. Threwtening to shoot me. Sheriff offfice will do nothing

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

If you sold a dog to individuals under the mistaken belief that they are law enforcement officers, a question arises as to whether you sustained any damages. You would need to present evidence of some difference in the price that you sold the dog for compared to the price that you would have been... View More

1 Answer | Asked in Libel & Slander for Texas on
Q: Can I request a subpoena and request production of documents to be sent via electronically ?

I am suing a Doctor for defamation , I want to subpoena his employer for medical records and other records /recordings, can I request that all of this be sent to my email address at a reasonable date and time? Or does the 3rd party have to show up to court to give me the items? I am not in close... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

It is common for records to be produced in discovery electronically via email. You likely will need to supply a signed release from the patient for any relevant medical records.

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