Does this qualify for a defamation of character lawsuit?

Question

My husband is a retired professional and we participate in a sporting organization that hires his services out professionally. I also compete in these events. I have an enviable record for these events and he never judges me or communicates with me during these times. A group of people that are close friends amongst themselves, filed a grievance ( shich to date the organization will not let us see) stating that he is a drunk and that he holds them so I can win and that he is incompetant. In effort to prevent a formal protest we entered into an agreement and the details stated that no disparaging remarks would be made. We have learned that these people during events that we are not attending continue to call him incompetant, has no integrity and that we cheat. To the point that they even harrassed a young man that made a purchase from us beratting him as well regarding our character.We have lost supplemental income this as well. Is this worth our while to look at a claim?

Answer 1

krollohare is pretty much right, though he sounds like someone studying for this summer's bar exam. The important thing to note is that the law varies depending on what state or country you are in. (You haven't provided much details. I wonder myself what exactly this sporting organization is.)

You are in the best position to make a claim based on this drunkard language. Be advised that there may be a priviledge defense available to the defendants based on their filing of the grievance.

From the sounds of it though, there may be a solid claim in there.

The biggest problem you face is the looming possibility of having to present this evidence in front of a jury. Juries these days have very little tolerance for these type of non-injury claims. People think that someone needs to lose a leg to be harmed.

The number one piece of advice: call a lawyer. In the US at least, lawyers would likely get paid based on whether you get a verdict or settlement, so it is free in some sense.

Answer 2

Krollhare & Andy have addressed most issues above, except the time to have consulted with a lawyer should have been prior to entering into an Agreement with the organization as it may contain language that you cannot sue and may be bound to go to arbitration/mediation in the event of a violation of the agreement.

You also don't indicate who you would intend on suing..the organization or individuals? Do they have assets worth pursuing?

You may want to consult with an attorney now as to what options are available, possible costs and outcomes.

Defamation/slander if very difficult to prove and even harder to prove that the statements have has a direct impact as to damages and could be very costly with little if any results, especially if the parties do not have assets worth pursing; however, the attorney may be able to draft a letter, depending on what has been indicated in the Agreement, that certain individuals are not adhering to the Agreement, request a copy of the grievance that has been filed previously against you and that you wish to file a complaint/grievance of your own as the untrue remarks have having an impact your your business ventures and expect an investigation and action to be taken or any and all further relief and remedies available under the law will be sought.

It may wake up the parties involved to keep their opinions to themselves or being faced with being kicked out of the organization and possibly face litigation.

Answer 3

A defamation claim is winnable, but you must be able to prove you have been damaged by the false statements, that the false statements did in fact occur and were directly linkable to the damages that you seek. A lot of he said, she said won't get the job done. My recommendation would be that your husband have absolutely nothing to do with an event that you are competing in by removing himself from service. This way, there will be no opportunity for a perception of impropriety.

Answer 4

You should hire a lawyer.

The problem with defamation is that its very expensive to sue. You are talking about a slander suit which will require extensive discovery to prove that the person or persons who are making these false statments are the ones who actually made them, that they knew the statements to be false at the time they were made, and that they were made with the intent to injure your reputation.

Slander also requires that you prove that the statement caused you actual losses.

If you cannot prove actual losses, then you have to prove that the statements were slander per se which is (1) accused you of a crime (2) accused you of unchaste behavior (3) accused you of having a loathsome disease or (4) accused you professional misconduct.

You would get punitive damages if one of the above is proved in lieu of actual losses. However, the US Supreme Court has severely limited the amount of punitive damages and you would have to prove the net worth of the people accusing you.

Answer 5

yes and next time paragraph brakes please