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If You Want to Sue for Defamation, Here’s Your Homework
I won’t bury the lead. If you want me to determine whether you have a viable defamation action, here is the information I need. It’s your defamation homework. I need to know exactly what was said, and...
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Watch Out for Litigation Costs
Some attorneys (and their clients) do not consider litigation costs when performing their cost/benefit analysis. Likely, if they consider them at all, it is only from the perspective of what they will...
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Should You Sue Family Members for Defamation?
If one is asking whether they should sue family members for defamation, I have to wonder what Thanksgiving dinners are like with these families. I get these calls often, and they are very sad because...
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Are News Reports Offered as Factual Assertions?
Sacramento Kings center Richaun Holmes is suing his ex-wife, Allexis Holmes, the Sacramento Bee, and one of its opinion writers, Robin Epley, for defamation. In the course of a custody battle, Allexis...
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What to do if a Doctor Puts False Information in your Medical Records
We get a surprising number of calls concerning medical records, and the false information contained therein. Often it arises in the context of a patient who is prescribed pain killers. Doctors,...
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You Must Move Quickly if a News Publication Defames You
Good evening, Mr. and Mrs. America, from border to border and coast to coast, and all the ships as sea. The year was 1931. The Empire State Building had just been completed, the Star-Spangled Banner...
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Is Susanna Gibson a Victim of Revenge Porn?
In case you missed it, Susanna Gibson is a candidate for a seat in Virginia’s House of Delegates. Her campaign grabbed the public’s attention when it was revealed that she streamed sex acts online in...
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Would you want to live in a country where you could sue for that?
Happy birthday to you, You live in a zoo, You look like a monkey, And you smell like one too. -Anon I get lots of phone calls relating to defamation, where the caller wants to sue for some...
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Understanding the Common Interest Privilege
Based on innumerable calls, and witnessing defamation actions brought by attorneys unfamiliar with privileged speech, it is clear that a discussion of the Common Interest Privilege is in order. Let’s...
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How to Respond to a Cease and Desist Letter
I am frequently consulted by potential clients, who call to ask how best to respond to a cease and desist letter from an attorney, that claims the caller is guilty of defamation or some other wrongful...
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