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alnem
This is gonna be a good year!
Member since 2/06 9562 total posts
Name: Emily
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Slander question for attorneys???
Can you sue someone for slander? I have my own business and one of my competitors is telling our mutual sales reps that I stole from them and not to do business with me. Can I sue them if I get letters from the sales reps stating this? Will this hold up in court? I'm so PO'd about this already!!!! Please help...
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Posted 12/13/06 3:20 PM |
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Long Island Weddings
Long Island's Largest Bridal Resource |
Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name: Beth
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Re: Slander question for attorneys???
I want to know the answer to this also
the garage manager in our building said that Jake was drunk when he brought the car back on the night we think they took it- and she said this to the police
Jake actually got kicked in the head during a class he takes and the video clearly shows him returning in gym clothes and 10 people in the class will swear to this also
we are already suing them- I am just wondering what the best angle to take is
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Posted 12/13/06 3:25 PM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name: Jennifer
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Re: Slander question for attorneys???
Not an attorney, but I think you need to be able to prove damages..loss of business, etc.
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Posted 12/13/06 3:25 PM |
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Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
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Re: Slander question for attorneys???
I don't do any work on this- but I took some classes in lawschool on this- about 9 years ago. This is something I found online from google. It is pretty much what I remember from law school.
"LIBEL AND SLANDER occur when a person or entity communicates false information that damages the reputation of another person or entity. Slander occurs when the false and defamatory communication is spoken and heard. Libel occurs when the false and defamatory communication is written and seen. The laws governing libel and slander, which are collectively known as DEFAMATION, are identical.
A plaintiff who wishes to sue an individual or entity for libel or slander has the burden of proving four claims to a court: First, the plaintiff must show that the DEFENDANT communicated a defamatory statement. Second, the plaintiff must show that the statement was published or communicated to at least one other person besides the plaintiff. Third, the plaintiff must show that the communication was about the plaintiff and that another party receiving the communication could identify the plaintiff as the subject of the defamatory message. Fourth, the plaintiff must show that the communication injured the plaintiff's reputation.
There are four general defenses to slander and libel. Truth is an absolute defense. Consent by the plaintiff for the publication of the defamatory statement is a defense. Accidental publication of the statement is a defense. Finally, the statements of certain defendants in certain circumstances, such as lawyers, judges, jurors, and witnesses, are protected from defamation for PUBLIC POLICY reasons. This type of protection is known as privilege."
Source
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Posted 12/13/06 3:36 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name: Beth
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Re: Slander question for attorneys???
interesting, very interesting
I am still writing up all the info for our attorney- I want to make sure nothing gets over looked!
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Posted 12/13/06 3:39 PM |
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Chica
Cuteness!
Member since 10/06 3013 total posts
Name: Erica
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Re: Slander question for attorneys???
Simply put, you can sue for slander if the person spoke badly about you or libel if they wrote something about you (assuming none of it is in fact true). You may also have a claim for tortious interference with a contract. As JenniferEver pointed out, you would need to show damages (or your losses as a result of the person's actions). Good luck.
I you have anymore questions, you can FM me.
ETA: I guess I was too late! I'm not in litigation either, fyi.
Message edited 12/13/2006 3:41:27 PM.
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Posted 12/13/06 3:39 PM |
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