Legal Question in Personal Injury in New York
Slander & Defamation
I entered into a contract with a director of an organization to produce a piece of literature. After presenting the director with a rough, near complete layout of the piece, the director who had always been prompt in returning calls and emails, did not respond with the changes we agreed were necessary to complete the project. After a month went by, the director emailed to say the project was unsatisfactory and that payment would be made to compensate me for my work to date. The payment was for a fraction of the contracted fee. I counter offered for higher payment but negotiation was refused.
I wrote a few members on the organization�s board of directors to ask their invention as I believed a breach of contract had taken place. In that letter I wrote that �it was obvious that their director had no intention of completing the project with me once my intellectual property was in hand,� asking for their support in what I felt was an iron-clad case of breach of contract & failure to negotiate in good faith. This letter infuriated the director and board members and they now are citing me with defamation of character. Do they have a valid case?
3 Answers from Attorneys
Re: Slander & Defamation
If you are accurately quoting from your letter, and not omitting anything material, the language used would appear to fall far short of that needed to sustain a defamation claim. Defamatory language is that which can prejudice someone in their reputation, business, profession, etc. Doesn't sound like you came close. Good luck. Best, M. E. Zuller
Re: Slander & Defamation
I'm not sure what you mean by "citing you with defamation"? If you have been sued or have received a threatening letter from an attorney, you need to seek immediate legal representation. Otherwise, there is nothing you can do.
In terms of whether your words were defamatory, no attorney can answer that based solely upon the limited amount of information you've supplied.
Again, if you've received a summons and complaint, do not sit on it as there are limits on your time to answer.
Wish I could give me you more insight.
Marshall R. Isaacs
Re: Slander & Defamation
No. Based on the facts you presented, you have a strong defense, unless they can show you acted with malice. I have lots of experience in this area so feel free to contact me if you need an attorney to defend you.
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