Lawsuit for Calumny

Calumny is a false statement that is aimed to hurt a person’s image or reputation.  It is also known as slander, libel, or commonly “defamation of character.”  Calumny can refer to the oral or written representation of false charges and statements used maliciously by one party to harm another party’s reputation.  Whether it be a statement about your character, affiliation, or morals, calumny can turn out to be disastrous.  Some will immediately consider suing, as your character and financial reputation may be directly or indirectly hurt from calumny.

Calumny is considered a defamation of character, and therefore can be used as a cause of action in a civil lawsuit.  A defamation lawsuit is a tort that aims to receive compensation for damages directly or indirectly caused by calumny.  For example, if one company intentionally spread lies about a competing company, calumny is said to have occurred.  The victim company can then contact a civil lawyer to file a claim for a defamation lawsuit in order to possibly receive general (emotional damage or damage to reputation) or special (economical and financial damages) damages.

If you think you are a victim of calumny, you may be entitled to compensation for the damages.  A defamation lawsuit will cost money, though, and so you should be certain and decisive about your decision to file suit.  Many citizens are unaware of the procedure of filing a defamation lawsuit.  The steps below are given to assist you in finding a lawyer, filing suit, and winning your case:

1. First determine your situation to the best of your ability.

You can save a lot of headache and stress if you learn as much as you can about calumny and defamation.  A couple of things to note are the distinctions between per se and per quo, and general and special damages.  Per se is a direct calumny, spoken or written, intended to hurt your reputation.  Per quo, on the other hand, describes an indirect attack that is dependent on situation.  General damages include all non-monetary damages such as emotional or physical harm, damage to reputation, and damages to the appreciation of life.  Special damages include damages to economic wellbeing, monetary assets, or property. Knowing these distinctions will prepare you for your meeting with your lawyer.

2.  Find a local lawyer that specializes in defamation lawsuits.

Use the Internet or phonebook to search for potential lawyers to represent you.  There are many lawyers who specialize in torts and defamation lawsuits.  Finding the perfect civil lawyer for your calumny situation will ease the difficulties of the process.  At this time, your lawyer can help you analyze your situation, give legal advice, and help you file documents.  Be sure to confirm that your situation does indeed have grounds for a cause of action, and that the other party’s intent was indeed malicious.

3.  Take action against the calumny

Should you desire to continue with your defamation lawsuit, ask your lawyer to file a claim with the local court.  From here you can decide whether to take the defamation lawsuit to court or to settle with the other party out of court.

Tip:

- Settling out of court can save you precious time and money associated with the court process.
- Defamation lawsuits may lead to compensation of both general and special damages, but may require concrete proof of special damages.

Anti-Defamation

The Anti-Defamation League, otherwise known as the ADL is an organization founded in 1913 that professes “to stop the defamation of the Jewish people and to secure justice and fair treatment to all.”

Although they fight against all types of discrimination, the Anti-Defamation League primarily fights for the antisemitism cause.  They profess to do this through “information, education, legislation, and advocacy.”

Antisemitism is defined as prejudice towards Jews.  People who are antisemitic display hatred for the Jewish ethnic background, culture, and religion.  Antisemitism has been a problem throughout all the world and throughout all history, ranging from their expulsion from England and Spain to the notorious Holocaust.  It continues to be a problem in the United States, demonstrated by a 2009 Boston Review study that found 25% of non-Jewish Americans blamed the Jews for our recent recession.

The Anti-Defamation League had their own survey that concluded that 14% of U.S. residents had antisemitic views, with higher percentages held by the minority groups of Hispanics and African-Americans.  Their studies are only a part of the effort to stop antisemitism.

To combat antisemitism, the Anti-Defamation League incorporates many different avenues.  Below are some of the ways they fight antisemitism around the world.

1. The website

The Anti-Defamation League website is a hub of information and references that serves as a public informational and news database.  On their site they have important news issues that pertain to their interests, including foreign relations and wrongful organizations that promote antisemitism.  They include sections for opinions, press coverage, surveys, and “exposing antisemitic myths.”  They also have sections in their left navigation bar for education, civil rights, religious freedom, terrorism, and more.

2. Survey information

The Anti-Defamation League also fights antisemitism through their comprehensive research.  For example, on their website, they have survey reports that focus on antisemitism in America.  In 2007, they conducted a survey that showed antisemitism levels staying constant since 2005, and that “antisemitic beliefs endure in America.”  Additionally, they found that 31% of Americans believe Jews to be more loyal to Israel than America, 20% believe that Jews have too much power in the business world, and that more educated people are less likely to hold views akin to antisemitism.

3. Accepting donations and spreading the word

The Anti-Defamation League website offers a page where visitors can “take action.”  On this page, the issues they deem urgent have their own links that bring the user to a page of basic information and instructions to action.  For example, the most recent action against antisemitism is a letter to President Obama.  In the letter, the Anti-Defamation League tells the president that he should focus on avocation of the Arab recognition of Israel.  On the bottom of the page is a form to electronically sign the letter.

The Anti-Defamation League continues to fight against bigotry and promote justice.  Through their efforts fighting against antisemitism, they will continue to provide countless people with resources and information to fight along side them.

Privacy

Invasion of privacy is a common cause of action cited for civil lawsuits.  The idea of an invasion of privacy is used by many citizens and civil law attorneys of the United States to receive compensation for damages.  This article was written to help you understand the four different categories of invasion of privacy and how they can relate to you, along with what an attorney would have to do to prove an invasion of privacy.

While most civil cases of invasion of privacy usually involve the protection of a public figure from exposure to media outlets, invasion of privacy may also be defined as the right to possess and control property and personal information against search, seizure, and exposure.  The growing expansion of media outlets has brought the issue of invasion of privacy to many attorneys around the United States.  Public figures and normal citizens alike have used the invasion of privacy cause of action to sue other parties, by means of a civil law attorney and the civil court.

The four categories of invasion of privacy are intrusion of solitude and seclusion, public disclosure of private facts, false light, and appropriation.

1. Intrusion of Solitude and Seclusion

Intrusion of Solitude refers to one person’s undesired exposure to publicity by another party.  For example, if an author writes about a specific person as a character in a novel, that person can sue the author for the undesired exposure to publicity.  An attorney would have to prove that there were damages incurred from the undesired exposure.

Intrusion of Seclusion then, is the act of purposely intruding the private space and/or seclusion of a person.  This can be done physically or electronically.  An attorney would aim to prove that the accused party had intruded upon the plaintiff’s private affairs.  If the attorney is able to prove intrusion, there is a clear cut case for invasion of privacy.

2. Public Disclosure of Private Facts

The public disclosure of private facts category pertains to a situation where one person reveals unnecessary offensive private information to the public.  This differs from defamation because it is mutually exclusive from the fact of whether or not the information presented is true.  These facts must be proved by the attorney to be considered unworthy of the news and not of a concern to the public.

3.  False Light

A category of invasion of privacy that relates closely to the tort of defamation. There are privacy laws set in the United States that protect a non-public person’s right to hide from the public information that puts them in a false light.  An attorney must prove that the defendant made a malicious publication about the plaintiff that puts the plaintiff in false light- and is highly offensive.

4.  Appropriation of name or likeness

The use of a person’s name or likeness for the personal benefit of another person is considered appropriation of name or likeness.  For example, if a famous NFL player sees his name and face on a art company logo, he just might sue the company for invasion of privacy (though I am unsure of how much that can help an art company sell anything but eye black).  An attorney would have to prove the defendant guilty of using the plaintiff’s name or likeness for personal gain or commercial advantage.