RE libel

[Dura necessitas]

What is the name of your state? ny
re: libel



from reading all of your posts, I understand what libel means
1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others." Quick question: what if what you publish is the truth..?( i am being sued by my previous empl. for libel amongst other things) and what if the truth involves notifying others about fraudulent acivities conducted by the previous empl. which I have proof of? can I sue him for libel for claiming that I lied ?
Im sure you guys will have fun with this one.. :0

 

[krispenstpeter]

Now that you've reposted the question I have one for you.

What was the SPECIFIC situation of the libelous statement that he contends and why was it necessary to 'notify' others?

 

[Dura necessitas]

ok..

I'll try to be brief. I uncovered fraud conducted by or on behalf of my previous boss. He was altering certain documents, and I have the proof along with signed statements from 6 people atesting to it. I have been fired a week after I uncovered the fraud, and notified a state agency. They conducted their audit and afterwards showed me numerous files with confirmed fraud. I have been waiting for their decision (suspension, fines, arrest, who knows what) and finally took it upon myself to notify a few investors of the proceedings. I got sued. Do I have any recourse in suing them for libel (the print being the suit itself) if my statements are indeed true and served the investors only as protection from further fraud? Obviously I am waiting for the state agency's last word. If they verify the fraud, I think the suit should be dropped.

 

[Dura necessitas]

2nd part

By notifying them i mean "i sent them a letter", and the so caled libelious statement was "fraudulent activity", and that the "blah blah department conducted an investigation which yielded numerous cased of fraud"

 

[Dura necessitas]

..

also , after my "letter" two investors pulled out..so i got sued for tortious interference, bussines defamation, libel and breach of contract.

 

[JETX]

"Do I have any recourse in suing them for libel (the print being the suit itself) if my statements are indeed true and served the investors only as protection from further fraud?"
*** No. The claims made in the filing of a lawsuit are immune to defamation. The facts of the lawsuit will be determined by the court itself.

 

[anabanana]

I seem to recall a case where the defendant of the initial libel suit countersued not for libel, but for malicious prosecution or some such thing, because the plaintiff knew at the time that the claims were not libelous, were in fact true, and was just suing as a smoke-and-mirrors maneuver while they tried to cover their collective corporate ass. It was a whistle-blower thing, I believe, so maybe not too far removed from the current situation. Course, the OP would have to be able to prove that their intent was to distract others and discredit him, which would be harder than just defending against the original suit, since truth is an absolute defense to libel. Wish I could remember that case...

 

[JETX]

Wish I could remember that case...

So do we.... and how it might be relevant to this thread.