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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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we agreed and signed a settlement that is sealed but the defendant

Customer Question

we agreed and signed a settlement that is sealed but the defendant and I were allowed to only say this ..with respect to the sanctions motions and the motion for attorney fees the parties may only say they were resloved to the Parties satisfaction.. So this jerk got paid $187k from the 2 law firms my attorney worked for to avoid going to a sanction hearing.. So the defendant also would no in that agreement allow a non disparage comment clause as he said hey anyone can get online and we would not know who it is.. So fine.. I would never do that. So he decides to write a letter on a domain he bought. Shared it all over facebook to thousands of people as soon as he got his money.. But instead of saying what he should have he went on to further say I sued him because of a vendetta for being banned and began posting inaccurate things about him on the net. first of all no trial .. no discovery he has no idea who it was.. But worse than that he is still stalking me online.. I see it on LinkedIn.. So I message him and ask him nicely to un tag my name and my fiance's name from his crossing the line of good faith.. So what does he do .. he updates his word press site and adds 50 more comments from posts from his Fb page . It seems he has told people lies and I my name is XXXXX XXXXX again.. People calling me a loon.. Insane ..so who looks like they have the vendetta here? I said if you want the letter on your google search keep it there but it is on both of our google search's which looks bad to see libel again.. What can we do? He has been paid. Is he breaching his settlement agreement and will the judge or can the judge do anything to him.. He stalks me. He posts libel about me and no where in that settlement did it say ok folks go on your way and start online harassment all over again.. it is pretty clear what it says.. The attorneys don't care they have their records cleaned from possibly losing a sanctions hearing. We are out 100k for the attorney who messed up.. And we also had to agree not to sue him for malpractice.. What is wrong with the justice system..we want to know what we can do to get him resolved and possibly have to pay us damages now..
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You have the right to file a suit against him for breach of contract (the confidentiality and non-disparagement clause in the settlement agreement) as well as for slander and libel for making known false statements against you and take him back into court and seek to get awarded monetary damages for his violation of not only the sealed settlement agreement but for the false statements he is making now against you and an injunction against him to stop him from making further comments and to make him remove the comments he has already posted.

This is the legal recourse you have to pursue him to stop the matter from continuing on.


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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92501
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

One thing.. I think you misunderstood one point .. He would not agree to a non disparagement in the settlement but the settlement clearly states the wording in how each of can state the case was settled. And we can only discuss anything that was made public as far as motions etc, on pacer which is public. But you see these hundreds on people did not read pacer. He has led them to believe he has prevailed against me. Has them thinking I tried to destroy his business when this lawsuit was about him harassing me .. So this shows although he said in his open letter he belles it was a vendetta to being a frivolous law suit against him. I sued because he humiliated me and harassed me one yr before we filed a lawsuit he called my fiance a homosexual as well .. and during the course of the law suit I was harassed still . So can we for his open letter to thousands of people he shared this with on the net on several social sites to people who do not even know me but are calling me insane. A loon . etc. go back into court still? I have not said one word to anyone about the outcome of the suit . I would not dignify his ranting with even a rebut. If we don't do something he will keep this behavior up because he knows how to work the legal system from being sued so many times and settling.. He even was written about in a book about being called the henchman of taking down a company . The book is on Amazon.. He is a narcissistic maniac.. he began this as soon as the settlement happened.... The letter is on this site www.singsnapsucks.com He on purpose Aug 1st while after viewing my Linkedin profile 2 times prior and on July 31 when I saw him again .. I sent him a message asking him if he was just seeing what I was up to.. And would he please untag me and my fiance and keep it to his own google search.. That was enough to prompt him to take posts off of his FB hidden page from April and post them on August 1st. He posted 52 new comments .. My life has been hell for 3 yrs.. I will have no peace if the judge doesn't stop him and he should pay me now .. The sealed part of course is the money he got which was $187 k he claimed his legal bills exceeded 200k and his attorney said it was us keeping this going.. We all had an opt out make a settlement in month 2 by the judge to settle. But he would not he demanded at that point 30k for his already incurred legal bills. I know what attorneys charge but I am not sure if he had to show his bill and who knows if his attorney did not pad that bill? Anyway no non disparaging comments on both sides was his idea. Now we know why. Although libel is not just name calling is it? I just want to be clear how we compose the hand delivered letter to the judge on Monday.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If he is disclosing information in violation of the agreement, the recourse is still the same, suing him for the posting the information and violation of the agreement. You need to read the agreement closely and match the statements he is making to what was or was not disclosed so you have your proof to the court to show that he is violating the agreement.

Furthermore, if he is making known false statements about you, then this libel can also be sued upon.

LIbel is more than name calling, it making known false statements about someone that causes them harm from that statement.

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