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  1. #1
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    Sep 2019
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    Default Libel Not Made Public

    Is a written statement libel if it is only contained in an arbitration case and not made available to the general public? The statement was an absolute untrue statement made by a very large law firm and they either knew or should have known that the statement could very well not be true but made it anyway.

  2. #2
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    Oct 2016
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    Default Re: Libel Not Made Public

    Do you have damages from this statement?

  3. #3
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    Mar 2013
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    Default Re: Libel Not Made Public

    The statement was an absolute untrue statement made by a very large law firm and they either knew or should have known that the statement could very well not be true but made it anyway.
    There is a certain amount of immunity for statements made during litigation.

    Were you able to present evidence refuting the "lie"?

    If not, then the statement may have had to have been accepted by the arbitrator as true.

  4. #4
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    Sep 2019
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    Default Re: Libel Not Made Public

    The statement concerned me profiting from something that I did not in any way. I ended up agreeing to a settlement that ended the action against me because I had no money for an attorney and did not want the false statement to be made public. This has to do with Trademark law. A third party was profiting and this particular situation is very common I have come to learn and just wondered from a legal standpoint if their untrue statement would be considered libel. I suffered great emotional distress as a result but not sure if that is considered a damage.

  5. #5
    Join Date
    Sep 2010
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    Default Re: Libel Not Made Public

    If it's not made to others, it's not libel. As AJ says, things made in the course of legal filings are often privileged. The problem is if you willingly accepted the statement as a result of the litigation settlement, you can't very well go back and claim it's false after the fact. And if you didn't have an attorney to handle a minor matter like trademark arbitration, you aren't going to be able to go near one for a libel suit. This doesn't appear to be libel per se, so you're going to have to show actual damage. You can bring a libel action to PREVENT something from happening either.

  6. #6
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    Oct 2016
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    Default Re: Libel Not Made Public

    Ron you need to borrow some ''' and ttt?


  7. #7
    Join Date
    Jul 2018
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    Default Re: Libel Not Made Public

    Quote Quoting HHI29928
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    Is a written statement libel if it is only contained in an arbitration case and not made available to the general public?
    Libel is the written form of defamation (as contrasted with slander, which is the spoken form). Subject to the specifics of the applicable state law, defamation is a false statement of fact (not opinion) that is "published" to at least one person other than the subject of the statement, which has a reasonable tendency to harm the subject's reputation, which is made with the requisite degree of fault regarding truth or falsity, and, in most cases, which results in monetary damage to the subject of the statement. Statements made in the context of litigation (whether the litigation is handled through the courts or an arbitration forum) are typically privileged against defamation claims.

    Since you chose to provide almost no relevant facts (including the relevant state), you'll have to apply the law to the facts yourself.

    Quote Quoting HHI29928
    View Post
    I ended up agreeing to a settlement that ended the action against me
    Even if the statement were otherwise libel and not privileged, this likely dooms any potential claim.


    Quote Quoting HHI29928
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    and did not want the false statement to be made public.
    What made you think that not settling would result in the statement being made public? Privacy is one of the very few real benefits of arbitration.

  8. #8
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    Mar 2013
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    Default Re: Libel Not Made Public

    Quote Quoting flyingron
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    The problem is if you willingly accepted the statement as a result of the litigation settlement, you can't very well go back and claim it's false after the fact.
    Corrected can to can't.

    In fact, by settling (for whatever reason) you, HHI29928, have permanently eliminated any recourse for the statement.

    Just like taking a plea bargain in a criminal case where the defendant admits to the charge, to get a lighter sentence, whether he has a defense to it or not.

  9. #9
    Join Date
    Sep 2010
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    19,200

    Default Re: Libel Not Made Public

    And a libel action will make things more public. I would quote Louis Nizer on the subject, but people rag on me for using it too much.

  10. #10
    Join Date
    Oct 2014
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    7,396

    Default Re: Libel Not Made Public

    Quote Quoting adjusterjack
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    In fact, by settling (for whatever reason) you, HHI29928, have permanently eliminated any recourse for the statement.
    That may be true if, as is common, the settlement agreement states that it resolves all disputes that exist between the parties. But don't assume that's the case. You always have to read the particular agreement to know what it covers.

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