Help Being sued! ?'s on slap suit

[imgg]

I'm in California....I created a website documenting a situation that happened to me and I named the person who I feel harmed me but I never said any negative things about him I just let the situation speak for itself. He is part of a large University who has lots of money. Now I am being sued for defamation. I had an attorney look over my website and I was told it is very neutral and he really doesn’t have a case but it could cost a lot of money defending it. He said if I could use the "slap suit” I would be in good hands. Can someone tell me if I can use a slap suit against a doctor who is part of a University? Please help I need to know as soon as possible.

Thanks!!

 

[I AM ALWAYS LIABLE]

I'm in California....I created a website documenting a situation that happened to me and I named the person who I feel harmed me but I never said any negative things about him I just let the situation speak for itself. He is part of a large University who has lots of money. Now I am being sued for defamation. I had an attorney look over my website and I was told it is very neutral and he really doesn’t have a case but it could cost a lot of money defending it. He said if I could use the "slap suit” I would be in good hands. Can someone tell me if I can use a slap suit against a doctor who is part of a University? Please help I need to know as soon as possible.

Thanks!!

My response:

You would do well to find, and read - -

Furman, Cybersmear or Cyber-SLAPP: Analyzing Defamation Suits
Against On-Line John Does as Strategic Lawsuits Against Public
Participation (2001) 25 Seattle U.L.Rev. 213

IAAL

P.S. The acronym is SLAPP

 

[imgg]

SLAPP Suit

Thanks for the information and I found the article you were referring to. I am not an attorney so it's difficult for me to understand all the information in the article. Does anyone have a black & white answer regarding my original question if I can use the SLAPP suit on a doctor who works at a University who threatened me with a defamation suit if I don’t remove a website that I created in which I named him on my site.

Thanks

 

[meganproser]

You are asking if you can file an Anti-SLAPP suit against this Doctor.

The answer to your question depends on whether or not HIS suit, is an attempt to interfere with your first amendment rights (a SLAPP suit).

Was your trouble with him of a personal nature or did it have to do with something more public, such as his bid for political office or his involvement with some public policy?

Check out http://www.casp.net/intro.html There is a free advice section on that site at http://www.casp.net/feedback.html

 

[imgg]

Thanks

He is a plastic surgeon who works with a University. Yes, he is trying to stop me of my 1st ammendment rights by closing my website which shows my pictures.

You are asking if you can file an Anti-SLAPP suit against this Doctor.

The answer to your question depends on whether or not HIS suit, is an attempt to interfere with your first amendment rights (a SLAPP suit).

Was your trouble with him of a personal nature or did it have to do with something more public, such as his bid for political office or his involvement with some public policy?

Check out http://www.casp.net/intro.html There is a free advice section on that site at http://www.casp.net/feedback.html

 

[meganproser]

I’ll look at your site if you want to PM the URL to me.

 

[imgg]

I sent you my site info

let me know if you get it! I am hoping I can use the SLAPP law.

 

[meganproser]

I looked at your site and there is nothing remotely defamatory on it.

Your site provides a valuable public service and the Doctor has no grounds to sue you. You’ve done an excellent job of presenting your experience in a fair, responsible manner.

Actually, you are much nicer than I. I’d be inclined to write the Doc back and let him know I plan to publish his lame attempt at intimidating me. His threatened legal action punctuates the various warnings you’ve already included in your general warnings to the public.

Has he mentioned any specific statements that he objects to or is he just demanding that you take his name off the site?

 

[badapple40]

SLAPP is definately appropriate. Your homeowner's insurance likely provides you coverage for this suit, and you may want to contact them -- or possibly lose coverage for failing to comply with the notice provisions of your police.

Check out, for samples of SLAPP motions:

http://www.johntreed.com/SLAPPmotion.html
http://www.casp.net/cybersmts.html

You are also likely to get attorneys fees as a result of the SLAPP motion -- so don't be afraid to go out and hire an attorney, it'll likely come out of the other side's pocket.

 

[meganproser]

imgg, this guy has only threatened to sue, he has not filed suit yet right? You can't file an Anti-slapp till there is a SLAPP!

The SLAPP statute is intended to deter people from using merit less law suits as a form of harassment.

If the Doctor files suit, your anti-SLAPP motion will give you a faster decision on whether or not his case has any merit. If your motion to strike is granted the suit is over and the Doc will probably have to pay your costs.

If there is ANY merit to the claim, you will lose the motion and the case will proceed with you paying your own defense costs. Hence, the more important issue for you is not whether you will be able to make use of the SLAPP statute, but whether or not you have given this guy ANY real reason to sue you.

For the information of other readers here: I was not sure if California would allow OP to file an anti-SLAPP in her situation, but if Bad Apple says it’s covered, he’s probably right. Just keep in mind that only some states have anti-SLAPP statutes and there is variation in the kinds of cases covered by the statutes.

 

[imgg]

Thanks!

imgg, this guy has only threatened to sue, he has not filed suit yet right? You can't file an Anti-slapp till there is a SLAPP!

The SLAPP statute is intended to deter people from using merit less law suits as a form of harassment.

If the Doctor files suit, your anti-SLAPP motion will give you a faster decision on whether or not his case has any merit. If your motion to strike is granted the suit is over and the Doc will probably have to pay your costs.

If there is ANY merit to the claim, you will lose the motion and the case will proceed with you paying your own defense costs. Hence, the more important issue for you is not whether you will be able to make use of the SLAPP statute, but whether or not you have given this guy ANY real reason to sue you.

For the information of other readers here: I was not sure if California would allow OP to file an anti-SLAPP in her situation, but if Bad Apple says it’s covered, he’s probably right. Just keep in mind that only some states have anti-SLAPP statutes and there is variation in the kinds of cases covered by the statutes.

Yes, you're right he has not filed.....yet. He threatened to if I did not remove my website today and you can check.....it's still up. You saw my website- did you think there was any merit to his deframtion suit? I have his named linked to googled as a sponsered site- does this matter? He mentioned it in threat letter.

 

[meganproser]

You go girl ^5!

No, there cannot be any defamation claim against you because you have not made any false statements of fact about the Doctor.

You do want to be sure there is NO tort available to this guy, so the more documentation you have of your efforts to carry out your duty to him, the “safer” you will be.

Contact him (in writing and make sure you get a receipt for the letter or email) and tell him you are certainly concerned about any possible violation of his rights and that you are willing to consider any specific concerns he has about the site.

Tell him the site itself is not about him so you will not consider taking it down, but that if he can direct you to any specific content that he finds personally offensive, you and your attorney will immediately review the situation.

Has he indicated he’s consulted with an attorney? It would be best if he were already getting legal advice, so that if he is unable or unwilling to express his specific concerns in response to your letter, he has basically ended any chance he has to successfully sue for any tort.

You are essentially challenging him to state his case or forever hold his peace. Let us know if you hear back from him!

Oh, I'm not sure what you mean by linking him with google? Can you explain that?

 

[imgg]

Thanks again

You go girl ^5!

No, there cannot be any defamation claim against you because you have not made any false statements of fact about the Doctor.

You do want to be sure there is NO tort available to this guy, so the more documentation you have of your efforts to carry out your duty to him, the “safer” you will be.

Contact him (in writing and make sure you get a receipt for the letter or email) and tell him you are certainly concerned about any possible violation of his rights and that you are willing to consider any specific concerns he has about the site.

Tell him the site itself is not about him so you will not consider taking it down, but that if he can direct you to any specific content that he finds personally offensive, you and your attorney will immediately review the situation.

Has he indicated he’s consulted with an attorney? It would be best if he were already getting legal advice, so that if he is unable or unwilling to express his specific concerns in response to your letter, he has basically ended any chance he has to successfully sue for any tort.

You are essentially challenging him to state his case or forever hold his peace. Let us know if you hear back from him!

Oh, I'm not sure what you mean by linking him with google? Can you explain that?

I am hoping this special rights group with help me with all this. They are reviewing my case and it looks promising.

I will try to send him a letter but I may have an attorney send it or the group I mentioned.

I'm going to pm you about the other thing. Thanks for all your help!!!

 

[meganproser]

My pleasure. While you are kicking his ass, kick it once for me ok?