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Ray, Lawyer
Category: Legal
Satisfied Customers: 41014
Experience:  30 years in civil, probate, real estate, elder law
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My sister-in-law wrote and published a book labeled as

Customer Question

My sister-in-law wrote and published a book labeled as "fiction", but is actually based on truth. In 1997 she produced a play about the same situation, and presented it as fact, even the characters names were that of her brothers and sisters and parents. In the book, the names have changed, but the characters, events, locations, etc are clearly identifiable. The book dwells on incest, and my husband is the perpetrator. My children will be damaged as a result of her writing, as well as our grandchildren. Is there any recourse for us?
Submitted: 12 months ago.
Category: Legal
Expert:  Ray replied 12 months ago.

Hi and welcome to JA. Ray here to help you today.

You have the right here to sue for defamation.This is a false work that has been made public, it contains false statements about your family and the fact she changed the names here would not protect her from such a suit.If it is readily ascertainable who the people are then you can recover damages including loss of reputation, mental anguish, etc.You will need a Minnesota lawyer to send demand letter and then sue if unresolved.

Here to establish a defamation claim in Minnesota, a plaintiff must establish the following three elements: (1) the defamatory statement is "communicated to someone other than the plaintiff," (2) the statement is false, and (3) the statement "tend[s] to harm the plaintiff's reputation and to lower [the plaintiff] in the estimation of the community." Bahr v. Boise Cascade Corp., 766 N.W.2d 910, 919-920 (Minn. 2009) (quoting Stuempges, 297 N.W.2d at 255). If the defamation involves a claimant's business, trade or profession, no actual damages need to be shown because damages are presumed.

Expert:  Ray replied 12 months ago.

Defamation lawyer for you here to sue,-slander-and-defamation/minnesota/find-law-firms-by-city/

I appreciate the chance to help you today.Thanks again hope you can sue here and get some justice for all you have been through.