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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have an home owner, in a condo association for over

Customer Question

I have an home owner, in a condo association for over 55..who was a former board of director and former president...was defamed, by a lie, at an open Board meeting with homeowners in attendance...He was not present at the open board meeting and was not able to defend himself.
Now it has become association public info...he is livid...the current President who defamed the former president, refuses to publicly acknowledge with an apology!
What recourse does this person have...?
his name is Frank *****
I am Fil ** *************** who was attending this particular meeting.
Submitted: 2 months ago.
Category: Legal
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Defamation is a cause of action. In Michigan, the elements of a defamation claim are: a false and defamatory statement concerning the plaintiff; an unprivileged publication to a third party; fault amounting at least to negligence on the part of the publisher; and either actionability of the statement irrespective of special harm (defamation per se) or the existence of actual harm caused by the publication.

So someone in his situation can sue the party that stated the defamatory statements, seeking damages.

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