New York Libel & Slander Questions & Answers

Q: Is it illegal to make a flyer with a person's face, address and name on it stating they are a Nazi?

1 Answer | Asked in Civil Litigation and Libel & Slander for New York on
Answered on Dec 9, 2017

What I draw from your question is that she (Volkisch Folklorist) has been tweeting as a neo-nazi and publishing magazine and other literature on the subject, etc. etc. and you want to counter her thoughts/efforts through flyer. As she cannot be stopped to propagate her political ideas as part of rights of freedom nor can you be banned to disseminate your thoughts. Hence, if her ideology is in contradiction with basic rights or constitution of states that can well be dealt with accordingly by...
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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

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....
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Q: I found a picture on the internet and i want to use it on my business card can i get sued of the person finds out?

1 Answer | Asked in Business Formation and Libel & Slander for New York on
Answered on Oct 26, 2017
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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

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.
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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

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...
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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

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.
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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

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...
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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

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...
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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

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.
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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

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...
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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

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...
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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

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...
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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

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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Q: A former friend is talking cr_p about me on Facebook - do I have a claim here?

1 Answer | Asked in Libel & Slander for New York on
Answered on Jun 25, 2017

Are the statements facts or falsehoods? If they're false, you might sue for defamation if you can prove damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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,...
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Q: Is it legal for a bank or one of its employees to share personal financial or account activity with private citizens?

2 Answers | Asked in Banking, Libel & Slander, Consumer Law and Identity Theft for New York on
Answered on Jun 4, 2017

Banks are fiduciaries. That means that your interests should be above their own. They do not or should not share any private information with anyone unless by court order or with your consent. Sometimes customers make bank's employees their trustees (giving them more discretion) to invest funds and as part of doing so they may have limited authority to disclose but usually do so carefully.

You have not stated exactly what was shared. You have also not mentioned whether the...
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Q: My son is being profiled and slandered by other students and their parents, is there something legally that can be done

2 Answers | Asked in Libel & Slander and Personal Injury for New York on
Answered on May 22, 2017

You can complain to the school about the bullying. You can report threats against a minor to the police, and you may be able to sue for defamation and threats of violence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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,...
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Q: Can i charge my employer with physical assault and other charges?

3 Answers | Asked in Criminal Law, Employment Discrimination, Libel & Slander and Personal Injury for New York on
Answered on May 10, 2017

I am sorry to hear about your situation. What you described is a crime. You should call the police. What are your plans for work going forward? How large is your office? Is there a HR department?
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Q: can facebook be sued when a user posts private videos about someone else?

2 Answers | Asked in Civil Litigation, Constitutional Law, Internet Law and Libel & Slander for New York on
Answered on May 3, 2017

A statute insulates social media from such suits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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....
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Q: Hi I'm wondering the legality of using quotes on prints. For instance can I quote two people debating on twitter?

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Libel & Slander for New York on
Answered on Apr 30, 2017

It sounds like you're contemplating committing copyright infringement, unless you specifically license the right to use such content from the author.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: Is it illegal for a news reporter to film you without your consent on private property in nyc?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for New York on
Answered on Apr 29, 2017

That sounds like trespassing and infringement of your privacy rights, assuming you told her to get out, stop filming, and didn't authorize the publication. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
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