Defamation

false police report
548 365 Cynthia Conlin

Is filing a false police report defamation? (Qualified privilege in Florida)

This is a question I get asked with relative frequency.  In most cases, the answer is no: The fact that someone made a false police report does not mean that those statements will be found to be defamation (libel or slander).  The reason is that, in Florida, statements to police enjoy a “qualified privilege” from defamation. Pursuant to the…

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man crying from the stress after filing a lawsuit
548 365 Cynthia Conlin

Three things you need to know about filing a lawsuit

I get a lot of phone calls from people about filing a lawsuit for whatever reason.  A lot of these people are reacting emotionally to one or more incidents that occurred and do not necessarily realize the commitment involved in litigation.  Filing a lawsuit is, and should always be, a last resort.  It is not something to do…

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Out-of-state blogger defaming a Florida resident
548 365 Cynthia Conlin

Yes, a Florida resident can sue an out-of-state blogger in Florida.

After out-of-state blogger Tabatha Marshall allegedly published a blog accusing website operator Internet Solutions Corp (“ISC”) of “on-going criminal activity, specifically ‘phishing’ and consumer fraud,” ISC sued Ms. Marshall for defamation in federal court in Orlando, Florida. Ms. Marshall, a Washington-state resident, moved to dismiss the suit for lack of “personal jurisdiction.”  In other words,…

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