Legal Question in Personal Injury in Illinois
Someone wants to sue me for slander....help.....I need some advice.
Doll Collector Co. in Illinois is threatening to sue me for slander and false defamatory statments made on a internet board. I was only calling attention to Collectors questionable pratices on a public forum. Do I need an attorney? I live in California and they are in Illinois. I posted on a boared that they did not ship my doll and I need to vent. They said they shipped the doll before my post but I unaware of that because I was not contacted. I did call them and they said they shipped the doll and I did post right away that my they shipped my doll....is that slander?? There is much more to this....but it is too long to fit in this section. They said their attorney will contact me. What will happen since we are in different states?? Do they have a case?? Do I need an attorney??
3 Answers from Attorneys
Slander on the Internet
If they are serious about suing you, you do need a lawyer. The effect of being in two different states could make it a relatively complicated jurisdictional issue, although the whole matter might be resolved by a quick telephone conference with the attorney.
As you said, there seems to be a lot of missing information. My answer therefore has to be limited as well. You are welcome to contact me if you like.
Slander revisited
If the company does sue you in California, the suit may qualify as a Strategic Lawsuit Aggainst Public Participation, also known as a "SLAPP Suit." A SLAPP suit is basically a case brought to silence someone for using their first amendment rights regarding a matter of public interest.
Without doing more research, I can't say how likely it is that your case would qualify. However, if it does, you may be in luck. A defense attorney who knows how to handle such a suit can often get it dismissed much earlier than would be possible for other suits, and the SLAPP statute requires the plaintiff to pay for the defendant's attorney fees if the court dismisses the case as a SLAPP suit.
There are other strategic points to consider here, which I would rather not get into on the net. Please do call me (310-575-3540) if you want to discuss the matter further.
Follow-up re: Slander
I'm curius -- did anything ever happen after you posted your question?
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