“Your reputation is your most valuable asset. Protect it.”
New Number: 412.342.0992
A false or misleading statement about another (or his business) can travel globally via blogs, web pages, Twitter, and Meta (Facebook). Plus, damage to your reputation can come from anywhere: a coffee shop, a beach: anywhere a cell phone finds a connection.
Damage From a False Statement
A party can bring a claim for defamation in Pennsylvania for the publication of a false statement that causes harm to the plaintiff’s reputation. Click here. A claim can exist for (a) harm to one’s reputation, (b) lost wages (if the plaintiff lost an income opportunity from the defamatory conduct) and (c) punitive damages (if the false statement was made maliciously with reckless disregard for truth).
The Harm Experienced – Libel versus Slander
A claim for slander requires proof of a change to one’s reputation. The exception is libel, i.e., the statement is in writing (even electronically), then actual damages (such as lost wages) need not be proven.
This applies even if you cannot show the exact number of dollars you lost (missed work days, for example) resulting from the false statement. In other words, with libel, a jury may put a dollar number on the value of your “reputation” without objective quantification.
Invasion of Privacy
Invading another’s privacy is getting easier, every day. High-resolution video cameras are tiny. Thus, it’s easy to record someone anywhere in various stages of dress: a bathroom, the gym, a locker room, bedroom, dressing room, changing room, tanning salon, or other private area.
You may recall that Erin Andrews from ESPN made a claim against a hotel for allowing an allege stalker recorded her nude without her consent. Her nude video was published online, thus invading her privacy. She was awarded $55,000,000. While her verdict is not typical — as most verdicts are much lower — a jury will take your privacy very seriously.
Trade Disparagement
Pennsylvania recognizes a claim for trade disparagement, which is the defamation of a business. Applying here is the same standard for defamation, above.
Defenses To Collection
Even if your case is rock solid, at trial, it may be your word against the Defendant’s. Even if you win at trial, then what? The defendant’s liability insurance (if any) will likely refuse to pay your judgment for defamation.
You can start a collection action against the judgment debtor’s assets, but there are defenses to collection in Pennsylvania. Jointly owned property require a judgment against all the owners to garnish (or take) the asset to satisfy a judgment. Or, the defendant’s assets may be heavily mortgaged. Or, there could be an earlier judgment taking priority. In each scenario, your hard work (forcing the sale of assets) would result in others getting paid before you.
Flat Fee Consultation – $200
An attorney can evaluate your claim and help you decide whether it is worth pursuing in court. We charge a flat fee of $200 for this meeting. Should you hire us to file a lawsuit, we handle these cases on an hourly basis at $250 per hour. This is because of the difficulty of collecting on a judgment for defamation.
Many opt for a cease and desist letter, following the consultation. A letter can put the opposing party on “best behavior.” It can end the problem for under $1,000, total.
A lawsuit, on the other hand, can call unwanted attention to the false statements, without a clear resolution. Litigation could end with a “he-said, she-said” verdict. Thus, many elect the more conservative approach of a cease-and-desist letter, but we’re available either way.
Defending Claims
If someone has threatened a suit against you, we offer a defense. We defend claims for defamation, invasion of privacy, and trade disparagement. We assert defenses of truth, qualified privilege, absolute privilege, first amendment rights, public figure, or lack of malice.
Fair Comment. Customers are allowed to post reviews about a business. This is called fair comment, however, there are limits. Let’s say a homeowner hires a contractor, who fails to finish the home improvement work for a good reason. The matter may only involve a breach of contract.
Thus, a public comment that the contractor engaged in “fraud” and “stole” your money may not constitute fair comment, as the statement is reckless and therefore not “fair.”
Claims by Employers Against Former Employees
The Federal Trade Commissions (FTC) seeks to ban non-compete agreements in Pennsylvania and in every state. This ban, however, will have no effect on the employer’s ability to sue for trade disparagement. Going forward, look for employers to get aggressive toward outgoing employees in terms of non-disparagement claims. Such claims can exist even without a written contract.
In other words, even if the FTC renders the entire non-compete agreement void, the employer can sue the outgoing employee for various other claims. These may include: (a) theft or misappropriation of trade secrets or (b) trade disparagement: the publication of a false statement that damaged the business or its branding.
Plaintiffs: Act Quickly
You need to file your lawsuit within one year. During that time, you need to hire a lawyer, have her prepare a suit, and get the suit filed in state or federal court. Otherwise, the statute of limitations will bar your claim.
This one year statute applies to defamation of character (libel or slander) and invasion of privacy. In certain cases, a judge will enjoin a party from making any further statement about another to prevent irreparable harm to one’s reputation.
Experienced. Reliable. Effective.
Our Pittsburgh litigation attorneys bring and defend claims in state and federal courts involving defamation of character, libel, slander, invasion of privacy, and more.
Let’s Get Started!
New Number: 412.342.0992
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Scope of Our Litigation Practice. Our attorneys litigate defamation of character, libel, slander, invasion of privacy, first amendment defenses, wrongful termination claims, breach of contract, and all types of defamation cases in state and federal court in Western Pennsylvania.
Each defamation law attorney at our firm is admitted in the state and federal court and can boast at least 24 years of litigation experience. Plus, we are more than just expert attorneys; we are also advisors and friends to our clients. We say this because, when your reputation is in question, you may question who is on your side. With us, you will never have to question.
Our lawyers handle libel, slander, slander per se, invasion of privacy, claims on reporters, first amendment defenses, wrongful termination, breach of contract, and all types of defamation cases in state and federal court in Western Pennsylvania.
Geographic Area
We forward and defend proceedings in Allegheny County, Beaver County, Butler County, Greene County, Somerset County, Erie County, and Lawrence County, Westmoreland County, and Washington County. Moreover, each defamation law attorney with us is admitted in the state and federal court.
Types of Claims
We bring and defend suits involving claims for compensation, attorney fees, lost income and damages to one‘s reputation for lies, claims about having an STD or other “loathsome disease” such as AIDS or herpes.
Disclaimer
Emailing us will not create representation, nor can we respond to every email. No representation will take place until we enter into a written agreement for representation. You should look for an attorney ASAP, if not us, because of the short 1 year statute of limitations. If in Pittsburgh, contact the Allegheny County Bar Association Lawyer referral line if you are not able to connect with us: 412.261.5555.
