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3 Answers | Asked in Libel & Slander and Internet Law for California on
Q: I have received a cease and desist about defamation

I have received a cease and desist about a Facebook post I made pertaining to myself quitting an establishment along with the entire staff. Everything quoted in the cease and desist letter I have witnesses to who would gladly testify under oath. Do I really have anything to fear if they actually... View More

James L. Arrasmith
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answered on Nov 15, 2023

Under California law, a key factor in defamation cases is whether the statements made are false. If the information you posted is true and you have witnesses to corroborate your claims, this generally forms a strong defense against defamation allegations.

However, receiving a cease and...
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1 Answer | Asked in Banking and Libel & Slander for Missouri on
Q: Can I sue the bank or the employee that gave out my confidential information to the public about my loan

A person off the street ask an employee about our personal information at the bank and the employee told them everything and they in turn spread it all over town, and we signed a letter stating everything was confidential.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 13, 2023

This isn't defamation. Defamation requires a false statement that damages you. You could sue for something else, but unless you've been financially harmed, my guess is that it won't make financial sense for you to pay an attorney to file suit for you.

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Libel & Slander for Idaho on
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies

there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose... View More

James L. Arrasmith
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answered on Nov 12, 2023

If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to... View More

2 Answers | Asked in Internet Law and Libel & Slander for California on
Q: Can I sue a gym or employees who work at a gym for using my personal information and posting it on social media?

Somehow, my social media and business were discovered even though I have not told anyone, and my suspicions were confirmed after my social media was tagged by only people who go to my gym.

James L. Arrasmith
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answered on Nov 12, 2023

In the United States, if a gym or its employees used and shared your personal information without your consent, especially if it impacts your business or social media presence, you might have grounds for legal action. This could potentially be a breach of privacy or confidentiality, depending on... View More

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1 Answer | Asked in Civil Rights, Employment Law and Libel & Slander for Tennessee on
Q: What to do when you are harassed by Asset Protection,

I work for a company called Spark. It is the delivery company for Walmart. We are owned and operated by Walmart. There is a specific store that I work at that I am being harassed by one particular AP employee. She is telling the front end of the store that I am stealing. Which of course is not... View More

James L. Arrasmith
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answered on Nov 9, 2023

In dealing with accusations from an Asset Protection (AP) employee, you should first document all incidents, including dates, times, and witnesses. It may be helpful to formally report the harassment to your direct supervisor or the human resources department, following your company’s procedures... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Tennessee on
Q: Can I sue my ex for sharing personal text to someone without my consent?

The text was about a sti I had and she got from me before getting it treated from medical, after the break it effected her, and because she felt threaten that a guy she was talking to is friends with me so she felt like I had told him about our personal information, because of that she showed the... View More

James L. Arrasmith
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answered on Nov 9, 2023

If your ex shared private text messages about your medical condition without your consent, you may have grounds for a legal claim based on a breach of privacy or intentional infliction of emotional distress. Privacy laws vary by state, but some jurisdictions recognize the disclosure of private... View More

1 Answer | Asked in Civil Rights, Libel & Slander and Landlord - Tenant for Washington on
Q: My landlord and her 65-year-old daughter lied and obtained an anti-Harassment order which rendered me homeless,any help

On this for relief against these two Unimaginably deceitful individuals I'm sure would satisfy any good soul in a victory over bad people that treated me so bad you could probably get a judgement on their house in Edmonds,Wa.

James L. Arrasmith
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answered on Nov 7, 2023

If you believe an anti-harassment order was wrongfully obtained against you, you may consider appealing the order in court. You'll need to provide evidence that the claims made by your landlord and her daughter were false. It's crucial to act promptly since there are often strict... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Tennessee on
Q: I live in union county Tennessee I am 41 terminally ill and physically disabled!!! The Americans with DISABILITY ACT OF

1973 has been broken against me so many times in fact this is my fifth bugged iPhone please help me I have had 4 make officers come in my property I own bought paid for as well as my home and never dispatched a female no warrant and slam me to the floor and drag me out naked and to jail like this... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your rights under the Americans with Disabilities Act of 1973 have been violated, you may have grounds for legal action. Documenting each incident with as much detail as possible, including dates, times, and officers involved, is crucial. It is advisable to contact a civil rights attorney who... View More

3 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for California on
Q: Their restaurants insulted me is that why they went LLC

I'm a Christian someone told me they pay people to tort me

T. Augustus Claus
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answered on Oct 27, 2023

The formation of a Limited Liability Company (LLC) by a restaurant or business is generally unrelated to insulting or targeting someone. An LLC is a business structure primarily designed to offer liability protection to its owners. It does not inherently correlate with insulting individuals or... View More

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3 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for California on
Q: Their restaurants insulted me is that why they went LLC

I'm a Christian someone told me they pay people to tort me

James L. Arrasmith
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answered on Oct 27, 2023

Under California law, forming an LLC (Limited Liability Company) is primarily a means to protect the personal assets of the owners (members) from business liabilities. An entity's decision to go LLC is usually based on business considerations rather than personal disputes or insults. If you... View More

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1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Libel & Slander for California on
Q: How do I go about suing OC- CPS removed my kids on false accusations i have proof that the foster /caregiver called cps

the foster mother who has my kids befriended me called CPS

on me and has been going around to mutual friends and my pastors at church and has my social worker believing her defamation of character her motive financial gain I have proof and she is mentally unstable and has history of... View More

James L. Arrasmith
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answered on Oct 25, 2023

In California, if you believe that Child Protective Services (CPS) wrongfully removed your children based on false accusations, you can initiate legal action. First, gather all evidence, including any proof of the foster mother's actions and her history, as well as letters from those willing... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a Facebook fan page group admins be held liable for the false statement (s) posted by member?

The post is willfully misleading all facts that the owner of a store ABC in California do not pay a hefty sum of import products to companies XYZ. The owner is scammer and fugitive. People should be aware doing business with them. Whoever are their victims should speak out. However, the owner of... View More

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answered on Oct 23, 2023

Under California law, a person or entity can be held liable for defamation if they publish false statements that damage another person's reputation. Admins of Facebook fan pages, by allowing and potentially endorsing such posts on their platform, may bear some level of responsibility.... View More

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Consumer Law for Minnesota on
Q: My life was ruined by a surgeon who lied to me about what happened while I was unconscious. I was poisoned-nearly died.

I have medical records to prove that HE was the trauma that required my 20-plus surgeries. Is there no recourse? Why? Is it because he refused to tell me what happened within the Statute of Limitations (four years)? My hospital records were "missing" and absolute evidence of the wrong... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

If you expose the truth about what happened to you through social media and autobiography/memoir/literary plays and/or historical fiction you will likely be sued. Be prepared to defend yourself in court. It will be expensive for you. Any publishers will certainly run your allegations by their legal... View More

1 Answer | Asked in Animal / Dog Law and Libel & Slander for Alaska on
Q: I finally got my dog in for dental appointment got him back neutered. Can they neutered my dog without permission?

It took me months to finally get my dog funded to get this dental appointment. They knew I didn't want him neutered. My girlfriend dropped him off and spoke to them about the dental work they were going to do, and they said nothing about neutering him to her. I went into pick him up and asked... View More

James L. Arrasmith
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answered on Oct 23, 2023

I'm truly sorry to hear about your situation. In general, veterinarians should obtain explicit consent before performing any medical procedures on a pet, including neutering. If they performed a procedure without the owner's permission, they may be liable for professional negligence or... View More

1 Answer | Asked in Communications Law, Internet Law, Libel & Slander and White Collar Crime for Arizona on
Q: How do I go about legally getting a cease and desist signed and state seal served on YouTubers to stop online harassment

I have a open civil suite case already open court docs signed and found out this person is attached to my other harasser / stalker

T. Augustus Claus
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answered on Oct 20, 2023

In Arizona, to legally address online harassment, you can follow these steps. First, consult an attorney with experience in online harassment cases. They will help you draft a cease and desist letter outlining the harassment and demanding it to stop. Once sent, if the harassment continues, you can... View More

3 Answers | Asked in Libel & Slander, Medical Malpractice, Health Care Law and Personal Injury for California on
Q: What type of attorney would I need to contact to sue over medical records being withheld from patient for 3 months?

My medical treatment was delayed due to records not being released. I want to sue for pain and suffering and mental distress after the office continued to harass me for changing doctors.

James L. Arrasmith
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answered on Oct 21, 2023

In California, if you believe that your medical treatment was compromised due to the withholding of medical records, you would typically contact a personal injury attorney with experience in medical malpractice cases. Medical malpractice attorneys are familiar with the intricacies of medical care,... View More

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1 Answer | Asked in Copyright, Internet Law, Libel & Slander and Intellectual Property for Mississippi on
Q: Does making pornographic content of a copyrighted character fall under fair use / parody?

This character is widely publicly sexualized, but not by the owner of the copyright per say. This content would also be for profit.

James L. Arrasmith
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answered on Oct 18, 2023

In the U.S., fair use is a doctrine that allows limited use of copyrighted material without obtaining permission from the rights holders. Factors considered include the purpose of use, nature of the copyrighted work, amount used, and effect on the market.

While parody can sometimes be...
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1 Answer | Asked in Elder Law, Libel & Slander and Landlord - Tenant for California on
Q: Regarding Senior mobile home parks and rentals in Calif.

This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the... View More

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answered on Oct 15, 2023

Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable.... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Wisconsin on
Q: Can I sue the individual who filed a false and harmful TRO against me for slander, defamation and intimidation?
T. Augustus Claus
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answered on Oct 13, 2023

Yes, you can sue the individual who filed a false and harmful TRO against you for slander, defamation, and intimidation. Slander is the oral publication of a false statement that damages a person's reputation. Defamation is the publication of a false statement that damages a person's... View More

2 Answers | Asked in Libel & Slander for California on
Q: Is it illegal for a person to tell your mental health issues to other people
James L. Arrasmith
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answered on Oct 14, 2023

Under California law, medical professionals, therapists, and certain other entities are bound by confidentiality laws and cannot disclose a patient's mental health information without consent, as governed by the California Confidentiality of Medical Information Act (CMIA) and the Health... View More

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