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Is Gorman still the law of the land in California?

San Carlos, CA |

Based on Gorman can I bring a case of defamation or is it preempted by the FCRA?

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Attorney answers 2

Posted

Slander is the oral communication of false statements which are harmful to someone’s reputation. Spoken opinions which don't contain statements of fact don't constitute slander. The basic elements of a claim of slander include; 1.defamatory statement 2. published to third parties 3.which the speaker/publisher knew or should have known was false. Libel is publishing in print, which includes pictures, an untruth about another which will do harm to that person or his or her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Contact a defamation lawyer in your city for a free consultation to protect your rights and reputation.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

Which Gorman? Gorman v Swaggart, Gorman v. Phillyburbs, or some other decision? The more details you provide here (without giving names), the more accurate information you will receive in return.

To discuss this answer with me in more detail, please call (805) 244-5291 or email me at ridley.eric@gmail.com. This answer is intended to provide general information only. It does not create an Attorney-Client relationship, nor should it be construed as legal advice or an opinion on specific situations. Eric D. Ridley is only licensed to practice law in California.

Asker

Posted

Mr. Ridley, I apologize. I thought by my question stating California anyone who isn't licensed in California or who hasn't tried a case in United States District Court for the Northern District of California would probably not respond. My question stating clearly the Federal Credit Reporting Act would have also have drilled down responses to those attorneys who know I was referring to the San Jose lawyer now deceased who lost at trial and won in part when the Ninth Circuit reversed the trial court. Three words in google, gorman, defamation and california produce the Ninth Circuits case as the first result.

Eric D Ridley

Eric D Ridley

Posted

I'm licensed in CA and into the Central District. Avvo is odd; we try to get people to give enough information to produce a detailed answer from us.

Asker

Posted

GORMAN v. WOLPOFF ABRAMSON LLP MBNA John C. GORMAN, an individual, Plaintiff-Appellant, v. WOLPOFF & ABRAMSON, LLP;  MBNA America Bank, N.A., Defendants-Appellees. No. 06-17226. Argued and Submitted July 17, 2008. -- January 12, 2009 Before:  RICHARD A. PAEZ and MARSHA S. BERZON, Circuit Judges, and HAROLD BAER,District Judge.* John C. Gorman and Charles J. Stiegler, San Jose, CA, for the plaintiff-appellant.Tomio B. Narita and Jeffrey A. Topor, San Francisco, CA, for the defendants-appellees.

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