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Do I have a case for defamation?

Indianapolis, IN |

My ex-lover's wife wrote to my boss about my relation with her husband. Do I have a case for defamation?

Attorney Answers 3

Posted

I am a California lawyer, so don't know the law in Indiana. But as a general rule, truth is a complete defense to defamation. So if everything your ex-lover's wife wrote to your boss is true, defamation going to be a hard road. Maybe other causes of action could apply, like intentional infliction of emotional distress, but I don't think you will find much love from a jury. You would be suing the cheated upon wife for causing YOU pain and suffering, might want to avoid any married women on that jury panel. Don' see a jury giving you money, and losing would cost you thousands.

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Asker

Posted

How come I see so many comments here about reporting sexual affairs would result in defamation lawsuit? If a guy reports it and is sued, he is like to lose the lawsuit? But if a woman reports it and is sued, then she is like to win? Is jury normally in favor of a man having affairs more than a woman having fairs? Does jury hate a man reporting sexual affairs against his wife's lover but has petty on a woman reporting sexual affairs against her husband's lover?

Asker

Posted

"likely" not "like"

Posted

Defamation relates to false statements of facts. You may have an tortious interference claim. Search Avvo for a lawyer in your city, and call for a free consultation to discuss.

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Posted

Even if you do in theory have a legal cause of action, in practice it would probably not be successful if you pursue it. Perhaps a cause of action for invasion of privacy or something like that might work, but again, truth is a defense to any defamation cause of action.

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