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Libel derived from affirmative defenses??

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chitown

Member
What is the name of your state? FL

Under the rules for affirmative defense pleading(s) I am interpreting a open ended provision which allows for gross misstatements of truth, conflicting defenses and irrelevant defenses as long as the caveat "truth to my knowledge and understanding" is part of the verified document. Is this correct? Example, Petitioner in response to counter-petition lists as an affirmative defense, "Respondent was terminated for misconduct from his prior employer and as a result is voluntarily unemployed". During trial Petitioner testifies, "I don't know why Respondent is not still employed at the previous job".

Under Florida law, the document containing the false written statement defaming Respondent is posted and available for viewing by the general public. Does this then constitute libel? :rolleyes:
 


You Are Guilty

Senior Member
While it might constitute a frivolous affirmative defense (a big stretch) , it certainly does not give rise to a libel claim.
 

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