Slander, Libel and Defamation

Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

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I found a great resource for legal definitions - ExpertLaw.com. Most of the information I am using to write this post was gathered from the ExperLaw.com website and is being typed exactly as it appears on this publication.

On September 20, 2011, Victor Alfieri filed a lawsuit against me, accusing me of slander and libel, among other things.



What Are Defamation, Libel and Slander?

Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

Typically, the elements of a cause of action for defamation include:

1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
4. Damage to the plaintiff.

What Defenses Are Available To People Accused of Defamation?

1. The most important defense to an action for defamation is "truth", which is an absolute defense to an action for defamation.
2. A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation.
3. A defense similar to opinion is "fair comment on a matter of public interest".
4. A defendant may also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.
5. A defendant who transmitted a message without awareness of its content may raise the defense of "innocent dissemination". 

And there is an additional element that should be taken into consideration. Victor Alfieri has been an actor for almost twenty years and has appeared on numerous shows, movies, interviews, etc. He is considered a "public figure."

Public Figures

Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth. 

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I was never afraid of losing the lawsuit. I did not commit libel or slander. All the accusations that Alfieri made against me were false.  I knew that his lawsuit had no merit.  What did scare me was not responding to this legal action. Failure to respond would have resulted in an award in his favor. 

As to my lawsuit against him, I was always aware that some of the causes of action in my cross-complaint were difficult to prove. However, I was willing to go to trial and have a jury decide.  Unfortunately, I stopped fighting because I had no financial means to continue. 

It is true that I would like to see this movie completed, released and distributed. I would love to recover some or all the money I invested.  I chose to drop the lawsuit against Alfieri because it was the best option I had at that precise time.

If asked the following question - If I only had 2 choices, which one would I choose?

1. Distribute the movie and make one million dollars on the condition that I would never tell my story- my truth to anyone; and 
2. Be able to speak up, tell my story on the condition that I don't get my money back from my investment or attorneys fees... not even one penny.

I would choose 2 without hesitation. And that might be the outcome of this whole saga, anyway - not even a penny recovered!

I am happy with my decision. I will not to sell myself out! I have chosen this path. I am willing to face the consequences with dignity and honor!

Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.