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Adrianos Matthew Facchetti

Adrianos Facchetti’s Answers

35 total

  • Can I sue someone for defamation of character and slander?

    For over three weeks I have been targeted with vicious texts and calls and even found out that my name has been used all over the web with remarks that are false and slanderous. The person has also posted comments and reviews over the web where ev...

    Adrianos’s Answer

    Whether you can sue is not the appropriate question. Anybody can sue anyone over anything. The question is whether it is a good idea to do it; and that will primarily depend on the nature of the alleged defamatory statements, the tangible affect it has had on your reputation, and what you are willing to do (spend) to stop it.

    Based on the short description you have provided, it seems that the statements are defamatory on their face. However, it is not clear what effect it has had on your reputation. Have you lost your job because of the statements? Has your agency whom you work for lost business? Generally, although you can obtain some amount of general damages for loss of reputation, a jury will want to see some special damages (tangible losses) in order to provide a substantial award of general damages. Finally, are you willing to put in some of your own money to make this stop? Few credible defamation attorneys will take a plaintiff's defamation case on a contingency-fee basis.

    Good luck.

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  • Do I have a winnable case for defamation of character?

    Someone has accused me and another person of conspiring to kill her and has compiled a "file" of evidence which she has submitted to the police, which I view as making the accusations as public. The police claim that they are not taking this as a ...

    Adrianos’s Answer

    Statements that are made to the police (whether true or not) are generally protected under the so-called litigation privilege Civil Code 47b. The litigation privilege protects a number of kinds of statements that are made in anticipation of, or during litigation. This is a very broad protection, which is covered by most statements made to the police. This means that, in most cases, if you attempt to sue someone based on a statement made to the police, a court would find that the statement is privileged. In other words, the person generally has a right to make the statements. Your best bet is to hire an attorney who concentrates their practice in defamation matters.

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  • On Line Comments How responsible are the web sites, really?

    When someone posts a comment at a news site CNN Fox NYT or Craig's list etc.the sites have a release that seems to relieve them of all responsibility.. A public figure, aside how responsibly are the sites for abusive comments if they are agains...

    Adrianos’s Answer

    Your post is really two questions. First, in regard to whether the sites are liable, they are immune under the Communications Decency Act. Basically, it says that websites ("interactive computer providers"), generally speaking, are not responsible for third party content. So suing them is typically a waste of time and money.

    Your second question is more complicated and deserves more thorough treatment than permitted here.

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  • What type of lawyer do i need to hire for a Libel suit.

    My Ex-girlfriend has lied in Child Custody Court and I stand a chance of losing my daughter,she has claimed abuse when she previously made statements to attorneys that there was none,she has claimed police raids in my home when there have been non...

    Adrianos’s Answer

    Your situation is a very common one. One party in a custody proceeding will attempt to damage the reputation of the other in order to gain an advantage. In many instances, filing a lawsuit for libel or defamation would be futile because it is likely that the litigation privilege would apply and bar any action against the publisher.

    THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR SHOULD IT BE CONSTRUED TO CREATE AN ATTORNEY CLIENT RELATIONSHIP.

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  • Can I sue an ex-boyfriend for slander?

    my ex boyfriend and I broke up ten years ago. He has continued to spread vicious and damaging lies that have impacted my career. since discovering that I now live with a mutual friend, he is now slandering my boyfriend within our mutual profession...

    Adrianos’s Answer

    It depends on a number of factors, e.g., when was the statement made, what was the nature of the statements, etc. You would need to provide an experienced defamation attorney with more details. However, a more important question to ask is, should I file lawsuit?

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  • What constitute defamation of character?

    Can I be sued for defamation of character if you tell another person (not direct or interested party to the case) of a wrongful act of another person ( which is true and already won in a small claims court) without naming the name of the person. T...

    Adrianos’s Answer

    DISCLAIMER: THIS ANSWER IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS LEGAL ADVICE NOR IS IT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND ME.

    You can be sued for defamation at any time by anyone. That doesn't mean that they will prevail, however. As to the specific merits of your case, it is a bit difficult to tell what happened. Ultimately, if what you said to a third party is true, then you have a defense to a claim for defamation.

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  • Is this slander or libel?

    My fiance is on probation her sister made false statements about me to her parole officer in an e-mail.This has resulted in a "no contact" order between us and she cant come home to me.Do I have a case?

    Adrianos’s Answer

    DISCLAIMER: THIS IS FOR EDUCATIONAL PURPOSES ONLY. IT SHOULD NOT BE CONSTRUED AS LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY CLIENT RELATIONSHIP BETWEEN YOU AND ME.

    To answer your question simply, the e-mail may constitute libel. Slander is an oral statement, while generally, libel is a written statement or some other fixed material. Your question of whether you have a case is a bit more complicated and I (or any other lawyer) would need to know more facts about your specific case.

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  • Dispute with employer and co-worker regarding incident that didn't happen what are my rights

    i drive a school bus and a coworker told the boss i was stoped on the side of the road takeing a pee. she gave me hell and degraded me without checking to see if it was true or not.

    Adrianos’s Answer

    DISCLAIMER: THIS DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR SHOULD IT BE TAKEN TO BE LEGAL ADVICE. IT IS MERELY FOR EDUCATIONAL PURPOSES.

    The statement itself might be slanderous if the fact that you "peed" on the side of the road tends to injure you in your occupation. However, if it has no lasting impact then you probably do not have damages. No damages. No case.

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  • Slander, left by feedback on Ebay

    I Sell jeans with Swarovski crystal rhinestones on Ebay, I buy my stones from a certified dealer. They are 100% Swarovski. The Ebayer never tried to contact me before leaving nasty feedback about her concerns, she stated they were not Swarovski, ...

    Adrianos’s Answer

    There is no simple answer to your question. You must hire an experienced internet defamation attorney, however. Generally, what an attorney would do for you is send a letter asking Ebay to take down the comment. Ebay will not do so in most cases. Then the attorney would most likely contact the person who left the "negative" review and demand that the review be removed. This works in some, but not in most cases. The next step would be a lawsuit, which would be costly.

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  • Defamation or Slander

    If a fellow manager sends an email to his place of business regarding another fellow manager to damage his reputation for the whole team to read. Would this be considered slander or defamation and could I suit him?

    Adrianos’s Answer

    You need to state more facts. Obviously, you are free to sue anyone you choose. However, that does not mean you will win. The real question is, what are your chances of succeeding in the lawsuit? Also, you need an attorney to evaluate and identify your goals in the lawsuit. Litigation is the "Sport of Kings," one judge told me recently.

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