New York Libel & Slander Questions & Answers

Q: Former NY Knicks power forward has been charged with a felony. What impact could that have on his lawsuit?

3 Answers | Asked in Criminal Law and Libel & Slander for New York on
Answered on Aug 3, 2018
Samuel C. Breslin's answer
Possibly - this depends a lot on the type of lawsuit, as well as the ultimate disposition of the criminal case. If he’s acquitted, it will have little impact on a civil case. Feel free to reach out directly if you have further questions. Thanks!

Q: An employee in NY state had been using a personal "trail camera" to record other personnel on company property.

1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Sexual Harassment for New York on
Answered on Apr 20, 2018
V. Jonas Urba's answer
Maybe? Are you part of management or do you own the company or the building?

A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.

Analysis. Assuming you do not work for the government, did surveillance cause damage (usually financial) to the building owners, the company, or any employee? How do we know? Did anyone breach their duty of loyalty to the company? If you market and sell surveillance equipment at...

Q: Legal protection from mentally ill family member that makes false accusations/charges

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for New York on
Answered on Mar 24, 2018
Gary Lane's answer
Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this behavior. My thinking is, that you can deal with the hospital, informally; by letter; or even with legal action. I am located in Schenectady County.

Q: Is this grounds for dismissal in federal defamation case?

1 Answer | Asked in Libel & Slander and Civil Litigation for New York on
Answered on Feb 5, 2018
Michael David Siegel's answer
It is not grounds. Missing a hearing is inexcusable. Either hire a lawyer or do the case, but intentionally defaulting will not be a successful strategy.

Q: I was terminated from a county job without being given the chance to refute the allegations from my former employer

1 Answer | Asked in Employment Law and Libel & Slander for New York on
Answered on Jan 11, 2018
Bruce McBrien's answer
If you are a state employee you should review your collective bargaining agreement to determine what steps should have been taken prior to your dismissal. It would be best to contact an employment attorney who understands civil service employment law and have them review the agreement with you. Usually an initial consultation is no charge.

Q: I want to share a life story on YouTube that doesn’t paint people in the best light. Can they sue me?

1 Answer | Asked in Personal Injury, Entertainment / Sports and Libel & Slander for New York on
Answered on Jan 7, 2018
Mr. Beau Correll's answer
If you are that worried about it, you should probably consult with a defamation attorney in advance and have them vet your statement.

Q: Doxxing

1 Answer | Asked in Personal Injury and Libel & Slander for New York on
Answered on Dec 19, 2017
Peter Munsing's answer
Money will be the issue when you try suing them. Do understand that that person is very likely passive aggressive and will love all the attention your suing him represents. Suggest you look to get a cease and desist letter first, then possibly refer to the police.

Q: Can a company/organization offering a personal training/coaching credential barre me due to criminal allegations?

1 Answer | Asked in Libel & Slander, Employment Law and Civil Rights for New York on
Answered on Oct 30, 2017
James Francis Barna Esq's answer
You will need to contact an attorney due to two considerations. In New York, there is a statute that deals with discrimination against people due to their criminal history. New York has a general maxim that your conviction in the past should not affect your opportunities for future advancement. This statute may provide you some relief.

In addition, if you have been conviction-free since that PA charge, you may want to pursue whether that conviction can be expunged from your record....

Q: If I waive my right to sue my employer in New York State, but evidence later emerges I was not aware of that I was

2 Answers | Asked in Libel & Slander and Employment Law for New York on
Answered on Sep 28, 2017
Barry Eran Janay's answer
You cannot sue unless they deliberately and/or fraudulently withheld the information from you about the right to sue. That said, it still wouldn't be a clear cut case and possibly an uphill battle. Knowing more about the context here would be helpful, please feel free to reach out to me privately if you wish to discuss this matter in greater detail.

Q: Can i sue my workplace if a false rumor regarding infidelity was started by an administrator against me?

2 Answers | Asked in Libel & Slander, Employment Law and Employment Discrimination for New York on
Answered on Sep 3, 2017
V. Jonas Urba's answer
If you quit then constructive discharge would need to be proven. You would need to show that what was done to you was so bad that no reasonable teacher would have stayed. You will not likely recover unemployment benefits with these facts so I don't know how you would prove constructive discharge?

1. What are your damages?

2. How will you prove them.

Was what was done to you severe or pervasive.

Just last week I had a federal judge tell me "you know Mr. Urba that...

Q: A friend directed me to a web site that was using a photo of my 9 year old daughter. No permission or consent was given

1 Answer | Asked in Personal Injury, Internet Law, Landlord - Tenant and Libel & Slander for New York on
Answered on Aug 24, 2017
Peter Munsing's answer
Certainly sounds like a "false light" case. You should contact a member of the NY State Trial Lawyers Assn who handles libel and similar cases--they give free consultations.

Q: Can a OHS tell my employer I'm currently sick because of stress and anxiety in his report ? Isn't it confidential info?

1 Answer | Asked in Employment Law, Medical Malpractice, Health Care Law and Libel & Slander for New York on
Answered on Aug 17, 2017
V. Jonas Urba's answer
HIPAA makes confidential health information protected unless a person authorizes the release of such information.

Health care professionals, especially ones who are licensed by the New York State Department of Education or the Department of Health know or should know that. Any person who believes that a licensed health care provider no matter who that person is can file a complaint with the registering or licensing state agency. If you are certain that a licensed health care provider...

Q: I don't understand the difference between libel and slander. Can you explain it?

1 Answer | Asked in Libel & Slander for New York on
Answered on Jul 18, 2017
Ali Shahrestani, Esq.'s answer
Libel is written defamation, and slander is spoken defamation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...

Q: My neighbor has verbally threatened to make false child abuse allegations because I made a complaint abt her dog.

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant, Libel & Slander and Municipal Law for New York on
Answered on Jul 18, 2017
Ali Shahrestani, Esq.'s answer
You can report the noise to the police and the landlord. If they defame you, you can sue for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

Q: A local town police officer has continually told my girlfriend I have gps tracking on her can I sue for defamation

2 Answers | Asked in Civil Litigation and Libel & Slander for New York on
Answered on Jul 17, 2017
Barry Eran Janay's answer
This definitely would make for an interesting slander case against the officer and potentially the police department since he is arguably abusing his position as a police officer. Email me privately if you want to discuss further.

Q: Is stealing my pics of me and posting them with defamating remarks on her personal Instagram a pursuable legal issue?

1 Answer | Asked in Libel & Slander for New York on
Answered on Jul 14, 2017
Ali Shahrestani, Esq.'s answer
You can contact instagram to ask them to take it down. You may be able to sue for defamation and privacy violations, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...

Q: Is it illegal to bother a dog walker when they are at work? Can I sue a man for lying to managment to get me kicked out?

1 Answer | Asked in Animal / Dog Law and Libel & Slander for New York on
Answered on Jul 12, 2017
Ali Shahrestani, Esq.'s answer
See my prior reply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...

Q: Upon counter suing for alleged grand larceny, could you use a name of a person and get them involved?

1 Answer | Asked in Federal Crimes and Libel & Slander for New York on
Answered on Jul 12, 2017
Ali Shahrestani, Esq.'s answer
That sounds irrelevant. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...

Q: How do I prove a resident in a building i walk dogs in is actually Harassing me? Would a hidden cam filing him be proof?

2 Answers | Asked in Libel & Slander and Criminal Law for New York on
Answered on Jul 11, 2017
V. Jonas Urba's answer
Unfortunately approximately 1 of every 25 or 4 out of 100 people in the U.S. is sociopathic or suffers with what is called a complex personality disorder. This person could be one.

If they are stay away or apply for a protective order if you have a reasonable safety fear or issue. The problem with that option is that a judge may not feel comfortable ordering a person to leave their own residence when you do your job. More likely you would have to work around their schedule. Maybe not...

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