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Jessica
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Dan Dufresne, Expert
Dan Dufresne, Expert
My name is ***** ***** I've been an attorney for 20 years.
Dan Dufresne, Expert
I look forward to assisting you.
Dan Dufresne, Expert
Yes...greetings!
Dan Dufresne, Expert
I'm working in real time so thanks for your patience in advance.
Dan Dufresne, Expert
Based on what you've shared with me, you should consider retaining a local attorney with drafting a cease and desist letter and explore the possibility of filing suit. The various inaccurate posts on Facebook, etc. may amount to unlawful defamation.
The following elements must be proved to support a claim of defamation, whether it be by the spoken word (slander) or the written word (libel): (1) the defamatory nature of the statement of fact; (2) that statement's identification of or reference to the plaintiff; (3) publication of the statement by the defendant; (4) the defendant's fault in the publication; (5) the statement's falsity; and (6) damages. Dodson v. Allstate Ins. Co., supra; Brown v. Tucker, 330 Ark. 435, 954 S.W.2d 262 (1997); Minor v. Failla, 329 Ark. 274, 946 S.W.2d 954 (1997) (citing Mitchell v. Globe Int'l Pub., Inc., 773 F. Supp. 1235 (W.D.Ark. 1991)).
For example, in Little Rock Newspapers, Inc. v. Dodrill, 281 Ark. 25, 28, 660 S.W.2d 933, 935 (1983), the court stated that “it is settled law that damage to reputation is the essence of libel and protection of the reputation is the fundamental concept of the law of defamation. The action turns on whether the communication or publication tends or is reasonably calculated to cause harm to another's reputation.”
Please visit https://www.avvo.com/ to find dozens of attorneys in your area. Is there anything else I can clear up for you?
Dan Dufresne, Expert
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Dan Dufresne, Expert
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Have a good evening!