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Elizabeth Koch’s Answers

4 total

  • Can I be sued for talking about a customer not paying his bills to co-workers at the same office?

    I was approached this morning in my office that I am going to be sued for defamation for saying a customer did not pay his bills. I only spoke about this to my (2) co-workers at the office when there was nobody else around.

    Elizabeth’s Answer

    In order for you to successfully be sued for defamation, you need to publish a false statement of fact about the person suing you. Generally, speaking to two people is enough to constitute "publication." But if it is true that the customer did not pay his bills, he will not be able to prove that what you said is false. You may also have a "common interest" privilege.

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  • Anti - SLAP suit in CA and the law on defamation

    How can a victim of defamation win a defamation / tortious interference or such suit when anything said could be construed as commenting on an issue when the thins said were definitely wrong and harmful , causing the victim to suffer emotionally...

    Elizabeth’s Answer

    California's anti-SLAPP statute does not change the fundamental elements of a claim for defamation. But just "comments" -- meaning someone's pure opinion -- is not false and therefore cannot form the basis of a claim. If you think someone has published a false and defamatory statement about you, you should consult an attorney.

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  • Defamation of character?

    My boss is sharing my medical information with all the employees which was only disclosed for personal days??

    Elizabeth’s Answer

    You would not have a claim for defamation since the information that your boss disclosed was true. However, you might have a claim for invasion or violation of the HIPPA statute protecting the privacy of medical information.

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  • Can I sue the police department for defamation of character?

    I have a capias warrant for child support. The police have been coming to my apartment constantly banging on my doors and disrupting my neighbors and embarrassing me. My neighbor told me that the officer told her that I was wanted for a very viole...

    Elizabeth’s Answer

    Police officers (and all government workers) generally have immunity from defamation claims arising out of their work, so I think its very unlikely you'd succeed in a defamation lawsuit. If y ou know who theofficers were, you might try making an official complaint to the police department.

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