I just got divorced, in part because of a defamation campaign carried on by my ex-husband while we were married. He told lies to friends that have shunned me and now I have a son that won't speak to me because of something my ex said to him. I don...
The starting place is to speak with the lawyer who represented you in your divorce. Most Texas divorce decrees include "nondisparagement" provisions, in the form of a continuing injunction against both spouses, so that either spouse can come back to that court to try to get relief when the other spouse has been badmouthing to a child.
Defamation is almost certainly not your remedy, though. Defamation cases are fiendishly difficult to win, damages are difficult to prove or quantify, and the playing field is very sharply tilted in favor of defamation defendants. Most things that generate the greatest hurt and anger are going to be treated by the courts as statements of opinion, which can't be the basis of a lawsuit. "She's a terrible mother" or "she nearly let our child starve to death" are opinions. "I watched as she broke her child's leg while paddling her" would be a statement of fact that might be actionable, if false.
The truth is that the law is poorly equipped to deal with this sort of problem, even in the Family Courts. Unless you have lots of money to spend chasing remedies there, you're going to find a lot of frustration en route to getting any help in court. Even to bring an enforcement action under your divorce decree's nondisparagement provisions (assuming they're in the decree, and they typically are), you're going to spend a lot of money out of pocket before you get any help, and you may, in the short run, even make your problems worse.
I'm going to move your question to the Family Law section, since they actually have more experience dealing with your issues in your context. (Defamation cases between spouses are spectacularly rare.)See question
should I start with admissions, depositions etc.
This one's easy:
Make a request for disclosures under Rule 194. Responses to those questions should help you map a strategy thereafter, although every case is different from that point forward. But Texas state-court civil discovery now almost always starts here.See question
The parking garage at our work has two elevators, one broke a long time ago, the other has been having issues but they didn't fix it. It finally broke and my friend that is 7 months pregnant had to climb 6 or 7 flights of stairs causing her to go ...
Anyone who can pay the filing fee can sue for anything. The question is, Can you sue AND WIN?
And the answer to that is: No, on these facts almost certainly not.
I assume you're thinking that your friend might sue the building management, or perhaps your employer. But staircases are not unreasonably dangerous. People use them every day, often by choice. The law doesn't require that all elevators be in service all the time, 24/7/365, for the benefit of those who would rather not take the stairs. The cause of the trip up the stairs was your friend's choice, even if it was a choice between the climb or not being able to show up for her job. The non-availability of an elevator is too remote. Plus, you'd need medical evidence to show that there was a direct causation between the exercise and the premature onset of labor. You'd also have to show damages -- such as an injury to the baby that traces directly to premature labor. If the baby is healthy, she has no damages.
I don't think many, if any lawyers, would take this on a contingent fee. I think it would likely be thrown out on summary judgment within a matter of weeks after filing. This probably isn't the answer you wanted, but it's my honest reaction.See question
The customer never called or said anything to us and just went to the BBB and posted a negative review. When customer called us for service she gave us her credit card number, exp date and cid# so we can charge her for the service appointment. We ...
In most consumer transactions, the cost of trying to get any legal remedy in your circumstances will vastly exceed the likely benefits. You could spend thousands, or tens of thousands, fighting about this in court under a "commercial disparagement" sort of libel (defamation) claim, but you'd be pouring money down the rathole.
Unless the person who's disparaging you is judgment-worthy -- meaning they have non-homestead assets that a sheriff could readily seize and auction, or bank accounts you can garnish, or the like -- you'll never get economic satisfaction.
And there's the problem of the "Streisand Effect" (google it): Fighting about this in court may bring you more bad publicity that you'd otherwise have avoided.
Most companies are finding that their best remedies for this kind of situation is to fight back in the marketplace of ideas and information, not in court.
Many online reviewing services permit businesses to make succinct, noninflammatory factual responses to complaints that have been posted online. Use those resources, and any other means available to you to get your competing version of events "out there." If necessary, for example, you could post the customer's complaint -- and your response -- on your OWN website somewhere. Fight half-truths or distortions with the whole truth.
Even though your actual court remedies aren't likely to be cost-effective to pursue, you could perhaps get some traction by hiring a lawyer to write you a cease-and-desist letter. (You'll likely have to pay him or her on a flat-fee or hourly rate basis, very few Texas lawyers are foolish enough to take any but the most exceptional defamation case on a contingent fee basis.) But it would basically be a bluff, unless you're potentially willing to follow up by throwing many thousands of dollars in legal fees and expenses into this fight, which you probably shouldn't be. If you do go that route, be sure your counsel is aware of the new Texas Defamation Mitigation Act, codified at Tex. Civ. Prac. & Rem. Code §§ 73.051 to .062, which include new requirements that before suing, you first demand a retraction.
So about a month ago I got into an accident with a car lost my headlight, bumper, Fender and hood damage, long story short I was able to get a friend to fix it for me. After all this i immediately got an insurance so i can be covered in case of ne...
In terms of criminal consequences, it's very unusual and highly unlikely for an insurance company to report to law enforcement authorities every time they deny a claim. Your claim didn't even make it to the "claim denial" stage because you withdrew it. Since the insurer didn't pay anything, its suffered no civil damages, nor has anyone else, so there's no reason for anyone to sue you.
Bully for you for being so thoughtful. But don't lose any sleep over this; it's unlikely to have any consequences at all, and in the tiny chance it does, they are probably manageable then.See question
I have lost my job and have fallen on hard times. I need to the money to pay off current debit and keep vehicle from getting repossessed.
The answer to your question depends entirely on the documents -- beginning with the annuity policy or other instrument that contractually obligates the company making the regular payments. There may also be language in the court papers, if any, which could affect the answer to your question. And of course, I'm assuming from the context of your question ("hard times") that you're 18 or above, and that you don't have any sort of guardian or conservator.
That said: I agree with other lawyers' comments that it's foolish to take pennies now for dollars later. There is an EXTREMELY UNETHICAL AND PREDATORY INDUSTRY whose sole purpose and reason for existing is to take unfair advantage, on terrible financial terms, of people in exactly your situation. (The TV commercials often say things like, "It's my money, I want it NOW!" They seem righteous.
They aren't. Almost always, there was a very good reason to set up structured future payments.
If you are bound and determined to do this, there are many lawyers -- you can find them on Avvo.com -- who would be happy, in exchange for a small flat or hourly-rate fee, to review your paperwork and give you specific answers about your legal rights.
But I suggest instead that you look to someone for financial planning advice, to be very, very sure that you don't have any better options. And if you MUST trade the family cow for a handful of beans, then get financial advice to help you get the BEST RATE and to avoid the worst of the industry predators.See question
i met a girl on an online dating service, claiming she was 22 there, we exchanged numbers to text, after a few pictures were sent back and fourth. shortly after i get a call claiming that its her father and she's 16 and i'm going to be turned in ...
There are two parts to the answer to your question.
It's probably a scam -- this is popular now.
But the reason it's such an effective scam is because the criminal laws regarding child pornography are indeed very, very robust. And there are indeed true stories of lives suddenly, spectacularly ruined by marginal or bogus child porn charges. It's becoming a tactic of spiteful choice in divorce cases for the least ethical clients and their lawyers to make these charges just for the joy of seeing the FBI seize the other spouse's computer.
You're also pretty vague about what was *in* the pix. So the other part of the answer to your question is: What actually did you DO? On the very small chance that this ISN'T a scam, what would the FBI find if they seized your computer at dawn tomorrow? And what are the rest of the circumstances which would help a jury decide if you were knowingly involved with someone underage, or that you at least "should" have known? Every case is going to be slightly different; to evaluate your actual prospective criminal liability, a lawyer would have to know a lot more than you've said here. (Or than you should say, anywhere on the internet, even semi-anonymously through a service like Avvo.com.)
Most of us reading your question here are probably assuming you either sent or received something that would, at least, make you blush if it were made public. If what you did was much worse than that, and it's giving you serious worries even after allowing for the probability that this is a scam, then consult with a qualified criminal defense lawyer, with whom you can share all the details under cloak of attorney client privilege. It might be worth the money for your peace of mind.
I'm also going to bump this question to the Criminal Defense Law forum -- this is really more about that area of law than the internet per se, since you can get in this same kind of situation offline.See question
I am a 90% shareholder in an C-Corporation with no buy-sell agreement. I have been running the day to day operations of the business for 2 years and make all decisions. The other 10% partner has not been involved in the business for the last 2 yea...
Exactly what you can and can't do is impossible to answer without reviewing the operative documents, including the certificate of incorporation and bylaws.
If those documents don't specify what must happen if there's a conflict among shareholders on an issue like this, then there are a default set of provisions built in the Texas law governing corporations.
Even if you can't compel a buyout, there may be other ways to reach the same end result. You may, for example, be able to compel the dissolution of the corporation and sale of all its assets to a new company (which you would then own 100% of). But you're likely to face complaints, and possibly litigation, if you don't do that in exactly the right way.
So you need to hire a qualified lawyer who's experienced in both business formation and in business dissolution and/or restructuring. You need to review all the operative documents with him or her under the cloak of attorney-client privilege. And then your lawyer can give you detailed advice as to your rights and remedies, and help you plan appropriate business and, if necessary, litigation strategies.
You're not going to find useful advice on anything this complicated for free on the internet. Avvo.com is a good resource for identifying and locating a qualified lawyer who could help you with this. Good luck!See question