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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Defamation of Character

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Defamation of Character
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Were you terminated or suspended from your employment as a result of the false statements? If so, have you appealed your termination or suspension in accordance with your employer's rules?

Do you know who specifically made the known false statements?
Customer: replied 3 years ago.


No I was not terminated or suspended from work as of yet. I believed the judge refused to accept the statements as evidence and only accepted the two tamper videos.


 


Yes, most of them. I work in the control room where the monitors from the federal courthouse surveillance cameras are located. I can monitor mostly every thing around the courthouse.

Thank you for your response.

Under LA law, A successful claimant in a defamation action must establish the following elements: (1) a false and defamatory statement concerning another; (2) an unprivileged publication to a third party; (3) fault (negligence or greater) on the part of the publisher; and (4) resulting injury. Wood v. Del Giorno, 2006–1612, p. 4 (La.App. 4 Cir. 12/19/07)974 So.2d 95, 98; Trentecosta v. Beck, 96–2388, p. 10 (La.10/21/97), 703 So.2d 552, 559. The fault requirement is generally referred to in the jurisprudence as malice, actual or implied.

You can, from your statements above, satisfy elements 1 through 3. However, you have to satisfy element 4 as well, injury. LA Defamation is a quasi offense, meaning it is governed by LA Civil Code Article 2315, which states that "Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it." This means that you must prove actual damages and not merely harm to your reputation or ego at work in order to have a successful case for defamation in LA.

Thus, until you suffer some actual damage from these known false statements you would not have a case to bring in court, but once you do sustain some actual damage, then you can file suit against those making the known false statements for recovery for those damages.




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