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
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
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.
Defamation requires a false statement of material fact made to a third party, that causes harm.
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.
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.
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.
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.
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.
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!
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