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rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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Hello I am located in Kansas and I need help from a lawyer ...

Customer Question

Hello I am located in Kansas and I need help from a lawyer or law firm. What can I do about public slander and what are my rights as the owner of the company being slandered. I have information of death threats and public slander. I know there has to be something that can be done. I wish to hire a lawyer in my companies defense.Please help.
Submitted: 6 years ago.
Category: Business Law
Expert:  rvlaw replied 6 years ago.

Hi,

The claimants in a defamation case are individuals. You could sue for defamation and get an injunction if you feel you qualify.....

Here is the law on defamation:

1. The slander (oral defamation) or libel (written defamation) must be false. NOTE THAT IF YOU BRING A LAWSUIT...TRUTH OF THE STATEMENTS IS A DEFENSE THAT CAN BE USED BY THE DEFENDANT. 2. The false statements must cause you PROVABLE MONETARY DAMAGES...not hurt feelings but actual monetary damages that a jury can award you money for. For instance, you must prove that as a result of statements made, you were fired from a job, or were prevented from getting a job, lost a business deal. etc.

Slander or libel suits do NOT, however, require proof of these 'special' damages if the statements are defamatory ON THEIR FACE, that is, they FALSELY allege that a person:

1. Committed a crime.

2. Has a loathesome disease.

3. Is guilty of sexual misconduct. or

4. Is incompetent in business.

You will have to hire an attorney to bring a defamation of character lawsuit as a practical matter.

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

Customer: replied 6 years ago.
can i call you?
Expert:  rvlaw replied 6 years ago.

Sorry. We aren't permitted. How else can I help?

rich

Customer: replied 6 years ago.
ok what can i do if i can not speak to the lawyer answering my question? I have alot of question to help me and I am looking for a lawyer to hire. I would like a letter of stop using my name in a bad way i think they call this sist and assit, but i might now be spelling right.
Expert:  rvlaw replied 6 years ago.

I can only get you to directory we lawyers use to find highly qualified attorneys in your area to consult and retain. We cannot be retained outside of this site. That's not what we do. Sorry. If you want the link, tell me the nearest large-ish city to you.

BTW it's CEASE AND DESIST

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

Customer: replied 6 years ago.
ok since i cant call can i get a cease and desist letter from you that cant be mailed by my office?
Expert:  rvlaw replied 6 years ago.

Yes. I will write it. Please give me the details . Be very specific as to what was said, dates and times, by whom, how often, etc.

Rich

Customer: replied 6 years ago.
OK thank you. There has been threats on my company employees lives. My company is Twisted Liquid Racing LLC of Wichita Kansas. There also has been incorrect comments made on my companies business paractices. Stating we have cases with lawsuits and or court cases showing we have ripped people off. This is not true and nor have we ever been in any court. These are two different webiste hosting theses threats and jesters to viewers who know no better. I need a letter that demands the stop of use of my name, products and or any comments made towards the words or letter TLR, Twisted Liquid, and or any affilitaite names. Im not sure what all I need to give you, this is why I wish we could talk. I seriously need help and I have issues of employess quiting because of death threats. I also want to send his servor that host his site a letter stating they cease and desist, BTW thanks for helping me with that saying. I really appreciate it and I thank you for your help.
Expert:  rvlaw replied 6 years ago.

OK.. I will be away from the site for a couple of hours but will address this as soon as I return

Rich

Customer: replied 6 years ago.
thank you so much...my website is www.twistedliquidracing.com any info you need will be there, thank you so much again.
Expert:  rvlaw replied 6 years ago.

To: XXXXX XXXXX company, server, host:

Dear Sirs:

I am the ___________of T______L________R____, LLC. It has come to our attention that you, your agents, employees, contractors, and/or others under your direction or control have engaged in the following, orally and/or in writing:

1. Unauthorized use of our name or form(s) thereof and/or those of our affiliates: a

b

c

and that you have made unauthorized and/or defamatory comments thereon.

2. Advertising, misrepresenting, duplication and/or unauthorized use in multiple forms and modes of communication of our products.

3. The making of death threats or other threats of harm directed at our employees causing them to leave our employ.

4. The making, transmitting and/or other issuance of defamatory statements concerning our products.

5. Inaccurately stating or writing that we are involved in one or more lawsuits which allege improper business practices.

Please be advised that if you fail to cease and desist engagement in this conduct, we will avail ourselves of all remedies at law and equity.

Sincerely,

____________________________

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

Customer: replied 6 years ago.
Reply to rvlaw's Post: Hello Rich, first I want to thank you for this help. Also one last question in line numbered (1) what should be here, the names they cany use? Im not sure on this. After I get answer I will accept your help and we can be done. I truelly wish we could talk, but thanks for the help anyhow. Thanks again.

James
Expert:  rvlaw replied 6 years ago.

a, b and c are the names of your affiliates.

Nice website BTW.

Rich

Customer: replied 6 years ago.
Reply to rvlaw's Post: Thank you Rich, ok Im going to accept, sorry I was away from the office for couple hours. I thank you for this letter. And thanks for the words on my website. Maybe this is why I get slandered...LOL Anyhow I have used this site before, is there a way I add you to my favorite list like I can request you here? Just wondering, if I cant speak to you atleast I can pay the same computer lawyer everytime. I figure if you know me, my service might be easy to get. Let me know please.
Expert:  rvlaw replied 6 years ago.

Hi,

Anytime you come back, start off the question with:

THIS IS FOR RVLAW. It will get to me only. Or there is a place to request a particular expert.

It's www.justanswer.com

 

Rich

rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
rvlaw and 5 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to rvlaw's Post: thank you for your service sir
Expert:  rvlaw replied 6 years ago.

Anytime Your site was so great I called customer service just to see what it was like since the site was so interesting.

Rich

Customer: replied 6 years ago.
Reply to rvlaw's Post: And you found what? We are closed now? But did you speak to person or get machine we are busy to death. Rich gets discount :)
Customer: replied 6 years ago.
hmm much have spoke to someone, I find no message.
Expert:  rvlaw replied 6 years ago.

Much earlier. got the machine. \

Rich

Customer: replied 6 years ago.
im here late tonite if you got questions, you answered mine :)
Expert:  rvlaw replied 6 years ago.
Are you an expert here on jA??
Customer: replied 6 years ago.
no if i was i would be asking you questions. No sir I am not I just site from time to time to get answers. But no affiliation at all, just a business owner in kansas. But as I said Im here I answer boat question 24. I am however a expert in boats, does this count. :)
Expert:  rvlaw replied 6 years ago.

If you were an expert we could communicate easily. I thought there was an indication you had "posted in front of me" and that usually refers to another expert.

Rich

Customer: replied 6 years ago.
no sorry, what time you call today? I wish I was a expert here :)
Expert:  rvlaw replied 6 years ago.
Don't recall :-( It was just to explore the site, etc.
Customer: replied 6 years ago.
10-4
yup you figured me out, I thought its why you mentioned but OK no problem. Your my web attorney, thanks.
Expert:  rvlaw replied 6 years ago.

10-4

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