Legal Question in Civil Litigation in Massachusetts

Can I sue for libel even though I cannot claim loss of earnings?

I am in a Union as a blue collar employee, (tradesperson). Another union member who was also a steward ciculated a petition to have me removed from my office, Chairperson). Stated that I dishonestly represented my duty and perpetrated betrayal. The petition was shown to approximately 20 employees,(who signed it),and sent to the Union President,the associate director of my dept. and the Human Resuorces Director. This petition caused me a lot of grief and may have contributed to my losing a re-election bid for Chairperson,(non-paying position)


Asked on 12/28/00, 11:24 pm

2 Answers from Attorneys

Goldstein Arthur The Goldstein Law Office

Re: Can I sue for libel even though I cannot claim loss of earnings?

The simple yet complex answer is yes. But if there is no insurance (usually an umbrella policy

and most working people do NOT carry such policies, you may be faced with a large attorneys fee, expenses of court (if it included depositions) which can and do run into hundreds and many times thousands of dollars with no practical way of collecting your judgment to begin to pay these bills.

This type of case if it were in my office would require a fee arrangement of any hourly rate

with a sufficient deposit for court expenses and payment as time progresses without regard to the final result. This is not a contingency case.

Sad to say, but this is not a case for you to "do it yourself". The law of libel (written) and slander (oral) is complex and fraught with pitfalls. Again if there any skeletons in your closet they will probably see the light of day under discovery and although they may have been buried in your long forgotten past they will be come grist for the mill. Your reputations is at stake and will become open to the public. Before you proceed double check for any skeletons in the closet. You may not be able completely neutralize them and they will hurt at trial.

Especially where there is little likelihood of an insurance recovery, I would go very very slowly with respect to a libel or slander and interfering with advantageous relationships suit.

Too often they backfire.

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Answered on 12/30/00, 11:45 pm

Re: Can I sue for libel even though I cannot claim loss of earnings?

Absolutely you can sue for libel. Your reputation, especially as a public figure, has value in and of itself, and it has been damaged.

Do you have a copy of the document with the 20 signatures on it? What precisely did it say about you? What truth is there to the matters alleged and how much is actually false information? Do you have any reason to suspect the perpetrator of the mistruths knew he was bending the truth (or lying)? (That's not necessarily required, by the way, but it helps a lot in the case.) What do you suppose were the steward's motivations for doing this to you?

Does the steward's job pay anything? How much?

If you have the document (and other answers to the questions I've asked above), you may fax the document to me at (617)527-1763 with some cover sheet showing how I could reach you.

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Answered on 12/31/00, 1:06 am


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