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Michigan Libel & Slander Questions & Answers
1 Answer | Asked in Libel & Slander and Sexual Harassment for Michigan on
Q: Sexual assault victim that is trying to understand if i am able to express my freedom of speech to make a facebook post

I had a sexual assault case that ended in my abuser taking a gulity plea, and i ended up making a facebook post with my abusers name. Are they able to sue me for defamation or anything because of this?

Brent T. Geers
Brent T. Geers answered on Nov 30, 2021

Doubtful. Although you should be careful not to stray from the truth. The guilty plea is a matter of public record.

BUT, for your own well-being: what do you gain by posting on Facebook? Justice has been presumptuously served in court. The court of public opinion can be far less forgiving....
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2 Answers | Asked in Libel & Slander for Michigan on
Q: Advise both persons on whether any tortious claims will be successful

Adam sees ahead of him in the street an individual who, from the rear, looks remarkably like his former girlfriend, Barbara. He sneaks up behind the person, taps the person on the shoulder, and tenderly kisses the person on the cheek. It is not in fact Barbara, but Carla. Carla screams and throws a... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 20, 2021

If this is a law school question, Adam commits a battery when he proceeded to kiss Carla on the cheek after tapping her shoulder with time to ascertain her true identity.

If this is a practical practice question, your question leaves out the most important consideration: what are the...
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1 Answer | Asked in Libel & Slander for Michigan on
Q: Hello, I am being harassed by a former student that seems to be escalating

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Michael Zamzow
Michael Zamzow answered on Mar 15, 2021

Not enough information, but there may be civil (such as a PPO) or criminal (such as reporting it to the police) *remedies* you could seek.

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Libel & Slander for Michigan on
Q: Can I file a lawsuit against someone for defamation of character and discrimination?I have proof ? Accusing me of crime

A supervisor at my old job is accusing me of committing a crime of vandalism on his vehicle, there is no evidence against me but I have messages of him calling me a criminal saying and also telling people it was me who committed the crime of a vandalism act to his vehicle , he even reported my name... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 5, 2021

You probably could take him to court, but unless you have provable damages, I don't know what good it will do. Defamation and any civil claim is different and carries a different burden of proof than a criminal case.

2 Answers | Asked in Health Care Law, Libel & Slander and Personal Injury for Michigan on
Q: Reception at hospital loudly/publicly discussed my medical care, finances, my injury, payment history, and my looks.

They checked me in and I sat in the waiting room with others. They were commenting on how much I paid on my bill that day, how is the hospital would never see another penny, The fact that I was getting fake teeth (previous boating accident facial trauma) and that it wouldn't help anyway, how... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 3, 2021

A Michigan attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. You could continue to await a response, or you could consider reaching out to a local attorney to discuss, also looking into whether any state laws apply here. Good luck

Tim Akpinar

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1 Answer | Asked in Libel & Slander and Consumer Law for Michigan on
Q: Is there recourse when I am asked to leave an establishment, when falsely accused of making a female server uncomfortab

I have lived in a small Detroit suburb for 20 years and recently a female server, at a bar I was dining, informed her manager and staff that I made her feel uncomfortable. I was asked to leave by another staff member. So I asked for the night manager whom reaffirmed the servers opinion and asked... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

If you want to prevent this from becoming a bigger and more known issue, the best thing you could do is let it be and not go back to this establishment. It doesn't matter what other business owners say about you; what matters is that a server, her manager(s), and the owner of this... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Libel & Slander for Michigan on
Q: So I used the likeness of another person to sell a product without their permission. This person found out.

I used his Linkdlen profile without his permission in my sales presentation but I did not profit from using his likeness. He then said I was a fraud and con man to many other people.

He has now threatened to sue me. What is my best course of action?

Tim Akpinar
Tim Akpinar answered on Sep 28, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. As a starting point, without regard to any applicable state-specific laws, you could try to diffuse the person's anger by providing assurances you ceased and will continue to cease to use his person, his... Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... Read more »

Jeff Herron
Jeff Herron answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... Read more »

1 Answer | Asked in Libel & Slander for Michigan on
Q: Can I seek legal action for slander against Rite Aid. They continue to deny me my scripts and call me an addict

I was prescribed klonapin over a month ago. Picking up the script was a struggle both times (I only filled it once). They treated me like an addict each time. Now my doctor has called in a script for Xanax as the Klonapin does NOTHING FOR ME. Rite aid refuses to fill my Xanax script unless I... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

Rite Aid did not slander you. Slander (and libel) is about making a private fact public. They declined to fill a prescription. Contact your doctor, and if necessary, switch your prescriptions to a different pharmacy.

1 Answer | Asked in Federal Crimes and Libel & Slander for Michigan on
Q: Is it a crime to file 2yrs of false police reports that lead to a wasted swat team response.

these people broke thru her door body slammed her, attacked her daughter,( that has a broken back) grabbed her phone from her hand, proceeded again an attempt to steal from her checking account and credit cards. also other attacks not reported. She is 80 yrs and sharp mind. they are her son... Read more »

Brent T. Geers
Brent T. Geers answered on May 7, 2020

If investigation reveals that the crime of making a false police report happened, the prosecutor will charge the responsible person or persons. Prosecutors make charging decisions. If there is concern about police actions, the first step would be to file a complaint with the responding police... Read more »

1 Answer | Asked in Libel & Slander for Michigan on
Q: A woman filed. Statement on me stating I said I am going to get my 40cal.. this was whole going to my truck w my son

I never had any conversation w this person. Actually she was yelling something after my son and I got out of my truck .. I yelled back.. we later went back to wait and talking military weapons and all. She called tho police and told them I said I was getting my 40 cal.. she then parks and changes... Read more »

Brent T. Geers
Brent T. Geers answered on May 4, 2020

What is your question? Sounds like police were called, they talked to everyone, and found nothing. Case closed? Just because someone calls the police, and the police don't find cause to make an arrest, does not mean the caller is guilty of filing a false police report or subject to a lawsuit.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Libel & Slander for Michigan on
Q: I feel I was wrongly evicted my trailer sale was denied 6 times no return calls for sale sign removed doors screwed shut

My trailer still sits on lot its been over a year I get no phone calls back I haven't received any letters do they just get my home do I owe for all this time? Is there anything i can do about them denying my potential sales? Slander? Treble damages? I tried to pay my back rent they would not... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 12, 2020

They do not have to accept your sale offer or offer you an explanation as to why. Sounds like they foreclosed on your trailer. If that's the case, and proper procedure was followed, there is nothing you can do at this point. The fact that there was a notice taped to your door, even though... Read more »

1 Answer | Asked in Libel & Slander, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can I be evicted in 48hrs without being mailed or personally delivered the eviction notice Can I sue for treble damages

I was slandered, potential buyers were scared away and denied to buy my home. I do not receive any phone calls back from my messages I leave for them. Can I still sell or move my trailer? Not sure what to do?

Kenneth V Zichi
Kenneth V Zichi answered on Mar 3, 2020

If you own the trailer, you can always move it -- assuming it is still possible to move in one piece.

As for the rest of the question, without details it is impossible to understand what if anything you can do. "Substituted service" rather than personal service is acceptable for...
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Michigan on
Q: I just quit a job that has a terribly toxic and petty work environment. I want to write a review to warn others.

I want to be honest about my experiences but dont want to be pursued for defamation. Its a small team and it would be easy to figure out that i wrote the review, especially since the person in charge is the owners mother, the only manager and the one that im writing about. These people are really... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

Good luck in your new career endeavors. An employment attorney could advise you as to the employment-related attributes of your question. As for the Libel & Slander category issues, I do not believe an attorney would be willing to give you a green light as to "understanding your... Read more »

1 Answer | Asked in Health Care Law and Libel & Slander for Michigan on
Q: Can someone call your doctor and lie to them?

My doctor said someone called my doctors office. They didn’t leave a name or phone number. They told my doctor i was doing drugs. What do I do? They almost cost me my script.

Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

I suppose it's possible...as evidenced by your question. Will a doctor act on advice from an anonymous person? Hopefully not.

I would imagine that your doctor asked you some questions about drug use. Which is appropriate, and could happen regardless of this anonymous call. Certainly,...
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1 Answer | Asked in Car Accidents and Libel & Slander for Michigan on
Q: On a snowy night, I crashed into a ditch and ended up in a brook. Temperatures below zero and was wet from the knee down

I got charged with not reporting an accident and driving left of center lane resulting in an accident

Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

Don't see any harm from either except to you. But not reporting a wreck even if another vehicle was not involved can be serious depending on your state's laws, so look at the sections and see--if serious, then contact a lawyer that handles tickets in that county/city to represent you.... Read more »

1 Answer | Asked in Employment Law, Libel & Slander and Criminal Law for Michigan on
Q: Is it illegal for someone to record a video of you in the parking lot of your employer? Usually a fenced in parking lot.
Brent T. Geers
Brent T. Geers answered on Nov 6, 2017

Who is doing the recording? If it's your employer or its agent, then they probably are well within their rights to record your activities on their property. If it's someone else, the answer would vary depending on what your reasonable expectation of privacy was at that location. In a... Read more »

1 Answer | Asked in Estate Planning, Libel & Slander and Landlord - Tenant for Michigan on
Q: What is needed to evict someone who lives in our home. Am iallowed to tell them they cannot pack up unless I am home?

We have a person who is violent towards another tendant. Disregards all requests of home owner. The same person steals from our home.

Kenneth V Zichi
Kenneth V Zichi answered on May 9, 2017

Are you the owner/landlord? Provide the appropriate Notice to Quit.

Are you one of the other tenants? Talk to your landlord.

If this does not work to get them to voluntarily resolve the situation, you need to consult with a local Landlord/Tenant attorney. I'm not sure what...
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1 Answer | Asked in Education Law, Libel & Slander and Personal Injury for Michigan on
Q: Can I sue my teacher or the school?

I have a teacher (I am in high school) that says my acid reflux condition is not a valid excuse for me to miss her class even if I am vomiting. She also refuses to help me or give me clarification on assignments because of this. A fellow student messaged me as I was in the office saying that our... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2016

Unlikely. If you do have a medical condition your parents need to ask for an IEP (individual educational plan) to allow you education without harassment. If you don't have to be in her class after this year you can see what procedures are in place to require schools to take and record... Read more »

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