Legal Question in Civil Litigation in California
Slander; Can Gov't be sued?
I recently received mail from the FDA that has factual errors. The letter from the
FDA I believe is personally damaging in that the letter is available for review by
anyone (Freedom of Information Act) and the letter mentions me by name.
Specifically, the Warning Letter from the FDA says that I felt that some portion of
the regulations should be waived because of the firm's size. In fact, the written
response I provided asked for no waivers.
This has been personally damaging in that I was almost fired for this. I would find it difficult to get another job if the prospective employer would access this letter.
Can an Agency of the Federal Government (e.g., FDA) be sued for slander?
1 Answer from Attorneys
Re: Slander; Can Gov't be sued?
Actually, your question concerns libel instead of slander. Defamatory statements can be slanderous if they are delivered verbally, but they can only be libelous if they are in written form.
One of the requirements for defamation (whether slander or libel) is that the statements be communicated to third parties -- e.g. someone besides the speaker and the plaintiff. It seems that your case may not meet this test. The possibility that someone could eventually get this letter via a FOIA request doesn't cuyt it; you have to be able to show that someone else has actually seen the letter.
Obviously, there's more to defamation than just this one requirement, but I think it's crucial in your case.
As for the liability of the government: government agencies are usually immune from suits unless this immunity has been clearly waived in advance. The Federal Government, surprisingly enough, actually has waived substantial parts of its immunity via a law called the Federal Tort Claims Act (FTCA), which often makes suing the federal government as feasible as suing anyone else.
There are, unfortunaterly, MANY exceptions to this broad waiver, and many complex rules to determine when a case is or is not going to be allowed. Whether any specific case would fall within the FTCA waiver of immunity is a question that can only be answered after a detailed examination of the record.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
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