How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 10646
Experience:  Licensed Texas General Practice Attorney
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

A week ago, on the website xxxxxxxxx

Resolved Question:

A week ago, on the website xxxxxxxxx, I found a memoriam of my late wife, XXXXX X. XXXXX,crafted by her sister:XXXXX XXXXXX ,living in xxx xxxxxx.I did this after a hint from a friend. The website is also a platform for nastiness; culminating in a statement (quotation) ... "I learned later in her last year of active and productive life that this person she married to might be the one that tried to "kill her off"..".(unquote) This is a serious allegation! I work for The airline SAS as a Captain , living in Sweden; I consulted my management; as employees with allegations hanging over their heads are normally exempted from duty when severe like this.They will support me in any way I was told. My lawyer firm xxxxxxxxxx in Sweden, has stated that they would have very little leverage in the state of Nevada. What are my options? Brgds XXX XXXXXXXXX@XXXXXX.XXX

Submitted: 5 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 5 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. You're correct in that Sweden would have trouble exercising "jurisdiction" over this person. This person, as a resident of Nevada and publishing that statement to individuals ostensibly in Nevada, would be subject to the Nevada courts. Now this statement could be actionable as "defamation" (libel being the more specific, written form of defamation0.

ScottyMacEsq :

Defamation requires a false statement of material fact made to a third party, that causes harm.

ScottyMacEsq :

Note that opinions are not actionable, so if she were to merely say "I think that he may have killed her", that would clearly be an opinion, not actionable as defamation. But the statement "I learned later in her last year of active and productive life..." is clearly a statement of material fact, and the speaker is saying that she has some basis to make this claim.

ScottyMacEsq :

That is, she's intending it to be a statement of fact that there's at least some evidence that this is the case, and therefore, it could be actionable under defamation law.

ScottyMacEsq :

That being said, you need to contact an attorney in HER geographic area that deals with defamation (slander / libel) cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in her area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in her area, and what you should do next.

ScottyMacEsq :

There could be restitution damages (damages for the injury to your reputation that have already occurred), but more importantly you can seek an "injunction", meaning a court order telling her not to say anything about you in an effort to damage you.

Customer : Ok, you answered the questions I was typing, thankyou!...now..
Customer : Does it have any importance that I and my late wife was here in Europe during this ordeal?
ScottyMacEsq :

Not jurisdictionally. It doesn't matter where the subject of the statement lived / occurred, but where the statement itself was made. That is, defamation is about the statement and the speaker of that statement, not the underlying circumstances that lead to that statement.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer : Thankyou again, Ill do...!
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 10646
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.