Defamation

Florida Anti-SLAPP statute
1024 552 Cynthia Conlin

New Florida Anti-SLAPP law has a broad scope pertaining to lawsuits filed by any person

You may not have known that Florida has had an anti-SLAPP law on the books for the last decade. Probably because it was so narrow that it only applied to lawsuits filed by the government.  However, this year the legislature substantially revised that law, and on July 1, 2015, a new Florida anti-SLAPP law went into effect.…

read more
Employee fired for false reasons
374 533 Cynthia Conlin

Compelled self-defamation and what to do when a former employer gives a bad reference

The theory of “compelled self-defamation” is generally raised where there has been an employment relationship.  Although it may be argued in some other jurisdictions, it is not accepted by courts in Florida. If the theory were allowed, it could potentially open floodgates of lawsuits against former employers.  Countless former employees disagree with their employer’s “reasoning”…

read more
communications decency act protects website
592 338 Cynthia Conlin

Communications Decency Act protects website in a lawsuit for removal of defamatory postings

4th DCA: CDA applies to injunctions, too Earlier this month, the Fourth District Court of Appeals found that the Communications Decency Act protected websites in actions for injunctive relief as well as those for damages. West Palm Beach medical tech company Medytox Solutions, Inc. sued InvestorsHub.com to have allegedly defamatory postings removed from the website. Although the…

read more