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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32340
Experience:  Began practicing law in 1992
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My name has being used in court case in Illinois to stop

Customer Question

Hi, my name has being used in court case in Illinois to stop someone travelling overseas. I have been called a "predator". I find this extremely disturbing.
Is this defamation? and what penalties can be imposed on the person using saying this.
Am I able to claim for damages.
I live in Australia, if I claim for damages can this be heard in USA?
Regards Ian
Submitted: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Was the statement you mentioned made in court?

Customer: replied 9 months ago.
The information was giving to a Lawyer and will be used in court in Illinois next Tuesday in a case to prevent someone travelling on holidays to another country
Expert:  Dwayne B. replied 9 months ago.

As a general rule, if something is said in a court case then it isn't actionable.

In addition, the term "predator" is one of those that is more of a subjective description and thus can't really be the basis of a slander or libel case. If, instead, the person said you were a "convicted sexual predator" that would be actionable (assuming you weren't even convicted of a sex crime) since that is a misstatement of a fact and not an opinion.

If they do say something in Illinois then they could be sued in Illinois even though you are an Australian citizen. Residency or citizenship in the US is not required to bring a lawsuit in the US.

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