The short answer is, "no." Truth is an affirmative defense to a claim of defamation. The longer answer is that whether or not your statements were truthful will be a determination for a judge or jury. Litigation in defamation claims can also be VERY expensive and drag on for YEARS. Keep this in mind when making statements about someone who has threatened litigation. Good luck!
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Truth is an absolute defense to a defamation claim (regardless whether it Is called libel or slander). As my colleague points out, though, truth is determined not by you but by a jury or, in the case of a bench trial, a judge. Unless you have a burning desire to spend a lot of money on an attorney, which is a noble thought, remember that discretion is the better part of valor.
A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. firstname.lastname@example.org Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.
Yes, of course you can be sued for true statements. . Anyone can be sued for anything.
The real question is whether you can be SUCCESSFULLY sued -- and that depends on the quality of your proof. For sure you can be forced to defend against an expensive and long-lasting legal action. And an important point: "truth" in legal contexts is relative. Something isn't "true" just because you believe it.
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