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2 Answers | Asked in Employment Law and Libel & Slander for California on
Q: what is proper form to fill out to answer summins. I am being sued for 5 million by ex wal mart employee. I am an ex too

I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More

Neil Pedersen
Neil Pedersen
answered on May 6, 2024

This site is not appropriate for case specific answers, like the one provided by Mr. Arrasmith. Any attorney who gives you case specific advice like that answer is acting recklessly. Only an attorney who can be allowed to see the Complaint against you can give you advice you should rely upon.... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Georgia on
Q: I was pulled over handcuff placed in back of police car for a warrant that was issued for someone else

Per officer this would.continue to happen.and there's. Nothing I can do about it

James L. Arrasmith
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answered on May 1, 2024

Being mistakenly detained due to a warrant intended for someone else is understandably distressing and frustrating. It's essential to know that there are actions you can take to try to resolve this issue. First, confirm all details of the warrant, including the name, description, and any other... View More

3 Answers | Asked in Business Law, Libel & Slander and Intellectual Property for New Jersey on
Q: Need help with defamation against a small startup business. We are being wrongfully accused of copying their ideas

Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.

Leonard R. Boyer
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answered on May 1, 2024

Sometimes a strongly worded letter from an experienced civil litigation attorney is enough to solve the problem. Whether or not you can file a lawsuit for emotional distress is questionable. If the letter does not help, then a lawsuit for copyright infringement will get their attention. You should... View More

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3 Answers | Asked in Business Law, Libel & Slander and Intellectual Property for New Jersey on
Q: Need help with defamation against a small startup business. We are being wrongfully accused of copying their ideas

Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.

James L. Arrasmith
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answered on May 19, 2024

I understand you feel wronged, but I have some concerns about the approach you're proposing. Here are a few important points to consider:

Sending a cease and desist letter with threats of a lawsuit is a very serious step that could escalate the conflict. It's usually advisable to...
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1 Answer | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can they get a warrant based on a word-of-mouth or say A Reliable credible witness that I have a video of doing drugs,

They got a warrant to search my house. Based on this credible, reliable witness's word. Well, he's been doing drugs. The entire time and he has are the credentials that it takes for the Frank versus Delaware. You need to have some kind of training. He's had none. He's a liar and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 1, 2024

If evidence of a crime was recovered by police executing a search warrant, and a person is charged with a crime as a result, then that person can file a pretrial motion challenging whether the search and the search warrant were lawful. If the judge agrees with the defense that the search was... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

Neil Pedersen
Neil Pedersen
answered on Apr 29, 2024

No, it is not true that those claims need to be filed separately. In fact it may well be that filing them separately would create serious issues. If you have meritorious claims for those causes of action, you make them in the same complaint.

Keep in mind that simply because the employer...
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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

James L. Arrasmith
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answered on Apr 29, 2024

In California, it is generally acceptable to include both Intentional Infliction of Emotional Distress (IIED) and Defamation claims in the same complaint, as they are separate causes of action that can arise from the same set of facts. However, the relevance and strength of each claim depend on the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Libel & Slander and Medical Malpractice for California on
Q: I need help with a civil matter regarding a medical injury that happened five years ago that I could not get surgery

This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More

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1 Answer | Asked in Federal Crimes and Libel & Slander for California on
Q: Issue or evidence sanctiins

If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.

James L. Arrasmith
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answered on Apr 26, 2024

In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More

1 Answer | Asked in Contracts, Family Law and Libel & Slander for New Jersey on
Q: I'm the plaintiff and my motion for summary judgment was granted in my favor.

I don't see any monetary for damages tho. Is there a next step or am I suppose to file something

Richard Diamond
Richard Diamond
answered on Apr 24, 2024

I have no idea what requests were sought as part of your summary judgment application.

My suggestion is that you pay a lawyer for his / her time to review your summary judgment application, the opposition filed, the reply papers filed ( with all exhibits) and the proposed form of order you...
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Potential employer. Job opening reads DEI. People of color especially encouraged to apply. Is this 100 percent legal

if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More

2 Answers | Asked in Identity Theft and Libel & Slander for California on
Q: I’m dealing with harrasment and identity theft. This situation caused me emotional mental n physical damage. Have proof

Someone is impersonating me. My exes, ex and their daughters. They either made a fake profile account or photoshopped a fake conversation to his kids. All I know is they claimed I said “stop talking to my man.” Not only is it fake, it’s very stupid. Why would I tell his daughter that. I... View More

James L. Arrasmith
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answered on Apr 17, 2024

I'm so sorry you're going through this incredibly difficult and distressing situation. What you're describing sounds like a combination of harassment, identity theft, defamation, and intentional infliction of emotional distress, all of which are illegal under California law. Here are... View More

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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Criminal Law for West Virginia on
Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are

since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?

i have a long pattern very detailed evidence, video texts their own... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More

1 Answer | Asked in Civil Rights and Libel & Slander for South Dakota on
Q: What rights do children have in regards to privacy of a crime and against libel?

My 10 year old was present when the city park was vandalized. It was caught on the city cameras and reported to the police. We were never notified but a city worker took the surveillance videos with my child in it and showed it to other town members at the local bar. A family member heard about... View More

James L. Arrasmith
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answered on Apr 16, 2024

In the United States, children have certain rights to privacy, especially when it comes to their involvement in crimes or legal matters. Here are some key points:

1. Confidentiality: Juvenile court records are generally kept confidential to protect the child's privacy and future...
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2 Answers | Asked in Libel & Slander and Real Estate Law for California on
Q: Can I sue for defamation to the Hoa board of directors for stating in an open meeting I was referred by lawyer a nut job

on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information provided, it seems that you may have a potential case for defamation against the HOA board member who called you a "nut job" during an open meeting. In California, defamation is defined as a false statement that is communicated to others and causes harm to... View More

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2 Answers | Asked in Libel & Slander and Real Estate Law for California on
Q: Can I sue for defamation to the Hoa board of directors for stating in an open meeting I was referred by lawyer a nut job

on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

Defamation laws is lengthy, but some of the defamation elements are as below:

1. An intentional publication of a statement of fact;

2. The statement was false;

3. The defendant’s fault in publishing the statement amounted to at...
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2 Answers | Asked in Libel & Slander for California on
Q: Can I sue someone who defamed me online after two years of posting the defamation but is still there?

Two years ago, a woman falsely claimed in an online magazine article that while working for me, I sexually harassed her. She couldn't work for me because she had no work permit. She had suggested paying her in cash but I refused, so she retaliated with this accusation.

Despite the lack... View More

James L. Arrasmith
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answered on Apr 11, 2024

In California, the statute of limitations for defamation claims is generally one year from the date the defamatory statement was first published. However, there are some exceptions and factors that may extend the time limit:

1. Discovery Rule: If you did not discover the defamatory...
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1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Washington on
Q: Personal injury from defamation and slander, false reports made to police, violation and denial of civil rights, and job

I am suffering personal and financial injury from defamation, slander and false, misleading, statements made to police about me by my boss on 2 separate occasions, denials and violations of my civil rights on numerous occasions against me by employer and boss, mishandling of my personal information... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the serious mistreatment and harm you've suffered at the hands of your employer. What they have done to you is completely unacceptable and illegal on multiple levels. You absolutely should take swift legal action to hold them accountable and seek justice. Here... View More

1 Answer | Asked in Libel & Slander on
Q: If one shares evidence online to an audience before legal proceedings have started can that evidence be used in court?

This evidence is a testimony, and it has been seen by more than 1 million people. (This is not me, I am just wondering about a current online scandal and would like to have a good source)

James L. Arrasmith
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answered on Apr 6, 2024

The admissibility of evidence that has been shared online prior to legal proceedings depends on various factors and can vary by jurisdiction. In general, the fact that evidence has been shared online does not automatically preclude it from being used in court. However, it may raise concerns about... View More

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