Defamation continues

[Paul564]

What is the name of your state (only U.S. law)? Alabama

A former employee/colleague is defaming me over the internet using fake names. I filed a defamation lawsuit. While this legal process is going on, the former employee is still posting defamatory statements online using fake names. What is the best option for me?

If I amend the earlier lawsuit to include the recent defamatory posting then I may need to amend my lawsuit again and again, as it seems the former employee will be posting forever.

Can I send an affidavit to the former employee to respond about his role in recent defamatory postings (rather than amending my current lawsuit)?

Getting any kind of temporary injunction order on the former employee? I am not sure if the court gives it at this stage (because the trial didn’t even start)

Any other suggestion…

 

[swalsh411]

You don't need to file and amendments because new defamatory statements have been posted.

Where were these comments posted? On a forum? You can subpoena the forum to provide ISP information, although that still may not reveal who was actually posting the content. You cannot force this person you believe is posting these things to implicate themselves.

How much money and time do you have to devote to this? Do you have an attorney?

 

[tranquility]

You are not going to get an injunction. Prior restraint of speech requires an extraordinary high show of imminent harm because of the first amendment. But, from the way you are writing, I don't even think you have enough for a garden variety level injunction. You're doing this pro per, aren't you?

I suspect you are not suffering too much more in damages from the additional defamation. Win your suit, use these purported additional publications to help with malice and damage proof. You may certainly ask about them in discovery if it is still ongoing.

I am uncertain what you mean by sending an affidavit, so will leave it for others.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Alabama

A former employee/colleague is defaming me over the internet using fake names. I filed a defamation lawsuit. While this legal process is going on, the former employee is still posting defamatory statements online using fake names. What is the best option for me?

If I amend the earlier lawsuit to include the recent defamatory posting then I may need to amend my lawsuit again and again, as it seems the former employee will be posting forever.

Can I send an affidavit to the former employee to respond about his role in recent defamatory postings (rather than amending my current lawsuit)?

Getting any kind of temporary injunction order on the former employee? I am not sure if the court gives it at this stage (because the trial didn’t even start)

Any other suggestion…

In this thread you live in Georgia.
https://forum.freeadvice.com/immigration-9/child-details-my-citizenship-application-579038.html#post3048765
So what's the deal? You move?

 

[Paul564]

Thanks Swalsh 411. Some comments were in blogs and others are emails using fake sender names. I am ready to spend some money: few thousands. But wish to assess my situation.

Thanks tranquility. I am planning to get an attorney but wish to assess the case before hiring. The additional defamation is also serious. About affidavit: my plan is to ask the former employee to sworn that he is not involved in these new postings at least.

 

[Paul564]

Yes, I moved to Alabama thanks for the note.

 

[tranquility]

Thanks tranquility. I am planning to get an attorney but wish to assess the case before hiring. The additional defamation is also serious. About affidavit: my plan is to ask the former employee to sworn that he is not involved in these new postings at least.

Nothing you wrote here helps you "assess" the case. Who cares if the additional defamation is also serious? You are not getting an injunction. Your plan is called discovery. You would usually use interrogatories and or requests for admission and, perhaps, demand for production. You don't get an "affidavit".

 

[quincy]

What is the name of your state (only U.S. law)? Alabama

A former employee/colleague is defaming me over the internet using fake names. I filed a defamation lawsuit. While this legal process is going on, the former employee is still posting defamatory statements online using fake names. What is the best option for me?

If I amend the earlier lawsuit to include the recent defamatory posting then I may need to amend my lawsuit again and again, as it seems the former employee will be posting forever.

Can I send an affidavit to the former employee to respond about his role in recent defamatory postings (rather than amending my current lawsuit)?

Getting any kind of temporary injunction order on the former employee? I am not sure if the court gives it at this stage (because the trial didn’t even start)

Any other suggestion…

Paul, why do you think that the person you are suing for defamation would voluntarily admit to defaming you online? This is what you are trying to, and need to, prove in court.

You can request of whatever site is hosting the defamatory comments that they delete the material posted about you but, without a court order, the website does not have to comply with any request for removal of content.

As a note, you probably should not have filed a defamation suit if you had not already assessed the elements required for your action to succeed. I recommend you consult with an attorney in Alabama and see where you stand currently and where you need to be standing to win your defamation claim.

Good luck.

 

[Paul564]

Thank you for all the suggestions and information.

While filing a suit, what is a good strategy to prepare the initial summons? I have some choices in my mind

(i). produce all the evidences (including IP addresses, etc. received from subpoenas) that tie-up the former employee with these postings. Produce all the defamatory postings also.

(ii). produce “some” evidences that tie-up the former employee with these defamatory postings and keep the rest of the evidences as a surprise to produce at a later stage. But Produce all the defamatory postings also.

(iii). do not produce any evidences that tie-up the former employee with these postings (keep all the evidences, that tie up the employee with the postings, to produce at a later stage) but produce all the defamatory postings .

Any other suggestions?

 

[quincy]

What is the name of your state (only U.S. law)? Alabama

. . . .I filed a defamation lawsuit. While this legal process is going on, the former employee is still posting defamatory statements online using fake names. What is the best option for me?

If I amend the earlier lawsuit. . . .

. . . .(rather than amending my current lawsuit)?

In your first post, you said you "filed a defamation lawsuit" and further ask about amending "the earlier lawsuit" and now you are saying "while filing a lawsuit." Have you or have you not filed a defamation lawsuit?

You are not, by the way, allowed to "surprise" a defendant with evidence. You must disclose what you have to the other party.

I am thinking that you really need an attorney to assist you.

 

[Zigner]

Any other suggestions?

I think the following sums it up nicely:

I recommend you consult with an attorney in Alabama and see where you stand currently and where you need to be standing to win your defamation claim.

 

[Paul564]

In your first post, you said you "filed a defamation lawsuit" and further ask about amending "the earlier lawsuit" and now you are saying "while filing a lawsuit." Have you or have you not filed a defamation lawsuit?

You are not, by the way, allowed to "surprise" a defendant with evidence. You must disclose what you have to the other party.

I am thinking that you really need an attorney to assist you.

I am ready to file using an attorney. (I am using the terms "I filed", "I am filing" etc., synonymously, sorry for the confusion)

 

[Zigner]

I am ready to file using an attorney. (I am using the terms "I filed", "I am filing" etc., synonymously, sorry for the confusion)

These are all questions you should be asking your attorney.

 

[quincy]

I am ready to file using an attorney. (I am using the terms "I filed", "I am filing" etc., synonymously, sorry for the confusion)

So there is no current or earlier lawsuit? Okay.

Your posts have definitely been confusing.

Working with an attorney in your area is smart.

Good luck.