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  1. #1
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    Jul 2011
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    Default What Are My Chances of Filing a Defamation Lawsuit Against an Eavesdropping Waitress

    Greetings all. I am going through a bad break-up right now that happened on July 9th. A couple nights ago I was feeling very sad about the situation and was talking about it with a friend on Facebook. She suggested we continue the conversation in person at a Waffle House, and we soon find ourselves in a booth. We are there for about three hours, discussing a wide range of topics not limited to my ex. As we're leaving, I see some friends of my ex-girlfriend arriving and they enter the Waffle House to sit in the same booth we were just in. Yesterday I found out from my ex that the waitress had been apparently eavesdropping on us nearly the whole time we were there, and coincidentally shared her opinion of me and my issues with my ex to my ex-girlfriend's friends. I haven't been able to figure out exactly what she said to them, but it was not good. My ex won't even talk to me because of it, she's convinced that what this waitress had to say was true.

    Do I have a case? I understand it depends on whether or not I have suffered mental anguish, but if anybody would like to know details, I will have no problem proving that I am absolutely devastated over the matter, considering last night my ex even told me she still wasn't over me. To think this waitress has come between what I feel to be true love is infuriating. I feel incapable of setting this straight by myself, so maybe the justice system would be interested in my story.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: What Are My Chances of Filing a Defamation Lawsuit Against an Eavesdropping Waitr

    While I am not condoning what the waitress did, she shared her OPINION by your own words. She has the right to share her OPINION with anyone she wants to. OPINION is not defamatory and you cannot sue for it. The justice system is not interested in your romantic life.

  3. #3
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    Default Re: What Are My Chances of Filing a Defamation Lawsuit Against an Eavesdropping Waitr

    Forgive me for my carelessness in diction. I do not know what was said, so I guess it is impossible to say whether she was sharing an opinion or relaying alleged facts. I'll be participating in a free consultation from a defamation lawyer and if you, as a senior member, would believe it beneficial to your forum community to hear what he has to say, I would be happy to share it with you.

  4. #4
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    Default Re: What Are My Chances of Filing a Defamation Lawsuit Against an Eavesdropping Waitr

    What damages, and I do not mean "mental anguish", have you suffered directly as a result of what the waitress said?

  5. #5
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    Jul 2011
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    Default Re: What Are My Chances of Filing a Defamation Lawsuit Against an Eavesdropping Waitr

    Thank you for your time cbg, but I'll be taking my discussion elsewhere. Mental anguish is real and is the grounds for my case, you can't ask me a question like that and tell me to disregard mental anguish when considering damages. 8,500 posts and you can't understand my case... Sounds like these forums have been getting a lot of hot air from you.

  6. #6
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: What Are My Chances of Filing a Defamation Lawsuit Against an Eavesdropping Waitr

    I think it's you that does not understand, my friend. Whether "mental anguish" is real or not, your chance of a defamation case is slim for several reasons. Even if you could prove what the waitress said, it is the rare case that survives on mental anguish alone.

    But if you'd rather pay someone to tell you that, feel free.

  7. #7
    Join Date
    Apr 2009
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    Default Re: What Are My Chances of Filing a Defamation Lawsuit Against an Eavesdropping Waitr

    Quote Quoting NickH
    View Post
    Thank you for your time cbg, but I'll be taking my discussion elsewhere. Mental anguish is real and is the grounds for my case, you can't ask me a question like that and tell me to disregard mental anguish when considering damages. 8,500 posts and you can't understand my case... Sounds like these forums have been getting a lot of hot air from you.

    Nick, let me ask this a different way.

    In what tangible way have you suffered damages? Do you understand that you NEED to prove damages - unless your State recognizes defamation per se and you cannot prove that because you don't even know what she said - before you even stand a chance at a successful suit?

    Do you understand that defamation suits can run into tens of thousands of dollars to litigate? Do you have that sort of money sitting around? Because unless you're a multi-millionaire and there is a collectable multi-million dollar judgment at the end of this, an attorney just is not going to take the case on contingency.

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