Defamation

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Joseph Rakofsky sued some 74 people, who had the temerity to criticize him on the internet and other places.  I previously wrote about his lawsuit against everybody here.  He filed suit in the state of New York against everyone from the Washington Post to the ABA Bar Journal  to J-Dog84@yahoo.com.  He sued a few…

Social media has spawned new sorts of litigation.  An Assistant Attorney General in Michigan learned that the hard way.  Andrew Shirwell started a blog titled the "Chris Armstrong Watch" blog.  Chris Armstrong is a former student leader at the University of Michigan and is openly gay.  Mr. Shirwell, the former Assistant AG, describes himself as a "right-wing…

I get calls now and then from folks who are the subject of a discrimination investigation.  The best thing you can do is cooperate with the investigation.  You are still an employee and could be terminated for failing to cooperate with an investigation.  Do not expect fairness or even high quality.  There is no duty…

Defamation refers to uspeaking an untruthful statement about someone.  "Libel" refers to written defamation.  "Slander" refers to oral defamation.  In the employment context, defamation has an extra hurdle.  In Texas, to charge an employer with defamation, the defamation must be made in the course and scope of his/her employment.  That is, the defamatory statement must…

 Medal of Honor winner Dakota Meyer has dropped his lawsuit against BAE Systems OASYS.  They have reached a settlement.  See San Antonio Express News report.  The terms of the settlement have not been released.  It is routine in employment related cases to make the terms of any settlement agreement confidential. 

Every lawsuit has another side.  Now, we hear from Dakota Meyer’s former supervisor at BAE Systems OASYS Inc.  Bobby McCreight, Mr. Meyer’s former boss, filed his Answer to Medal of Honor winner Dakota Meyer’s lawsuit.  Mr. Meyer’s lawsuit accuses Mr. McCreight of defaming Mr. Meyer and costing him a new job.  Mr. Meyer had applied…

Defamation is hard to win in Texas.  See my prior post about a recent defamation case here in San Antonio.  This nurse had what should have been good evidence, yet she lost.  Employers enjoy a "qualified privilege" in Texas.  That means the employee must show actual malice by the employer.  Dakota Meyer, a very recent…

Retaliatory lawsuits are rarely a good idea.  Employers can feel very offended when an employee files a lawsuit. The employment relationship can be like family.  So, sure, many employers feel some betrayal when they are sued.  But, to respond with a counter-lawsuit almost never works. 

In one case, the employer responded to a discrimination lawsuit…

About a month ago, a lawyer in Washington DC represented a man charged with a felony. Apparently, the lawyer ran into some problems.  The judge berated him for being inexperienced and unprepared for the case.  A private investigator claimed that the lawyer told him to trick a witness into testifying that she did not see…

 A Houston law firm has sued a former paralegal claiming she and her husband defamed the law firm.  The law firm, Weston & Associates, claims Amber Williams went to a Citysearch website and left a negative review of the firm.  The suit claims the firm fired Ms. Williams for insubordination in 2010. She was fired…