teacher sues parent for defamation of character

However, it is important to remember that slander is not a crime, so you can sue someone for hurting your reputation in practice, but they will not be charged with a crime. The victim is within their rights to sue the person who did the defaming for damages. We will not publish comments that are profane, libelous, racist, or engage in personal attacks. You need the cooperation of the person to whom the defendant made the statements so that you can obtain the information you need for a defamation claim. A legal reviewer can come from any field, including in-house counsel, corporate executives, small business owners, and private individuals. Im sorry this has happened to you. Oct 28, 2007 A former high school coach may be able to sue his parental tormentors for defamation. Please contact your local bar association. But to set yourself up for success in your letter, it is important to include all of the necessary evidence and details of your case according to your states statutes. In the current environment, the best advice is to think before you tweet, bearing in mind that what you tweet can be retweeted by your followers and can be found by online searches. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. To successfully sue for defamation of character, you (the plaintiff) need to prove real damages caused by statements or publications. This column originally ran in October 2020. Defamation is a tort, a civil wrong rather than a criminal wrong. Yes, you can sue a school for defamation of character if the school has made false statements about you that have harmed your reputation. The contact form sends information by non-encrypted email, which is not secure. Oak Park & River Forest High School District 200, 2016 IL App (1st) 152205, the Illinois Appellate Court recently held that Danielle Dobias, a teacher and coach employed by Oak Park and River Forest High School District 200, successfully stated claims of defamation per se against her former head coach and fellow teacher, Thomas Tarrant, the On top of that, you will have to show the extent of your damages and fight the other partys defenses while handling the effects of the defamation on your professional and private life. Defamation of character is only punishable as a civil wrong. In order for the school to win a defamation case against the teacher, they must prove that the teacher knew the statement was false or made the statement without caring whether it was true or false. Can a teacher sue a parent for defamation of character? However, defamation laws protect people from suffering harm to their reputations, careers, finances, and health from false statements made by other people. Matt Kesler, Researcher/Law Student Related Legal Questions I discovered that a couple of students cheated on 2 writing Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Contact us. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Defamation is not a crime, but it is a civil wrong. Slanderis a false statement made through spoken communication (for example, giving a defamatory speech); Libelis a written or published false statement (for example, an online review or social media post). The law considers marriage a contract between two people. What's the Difference Between Slander vs Gossip? It is also required that the statement be published or distributed to a third party. Everyone has the right to their opinion, and the First Amendment generally protects statements of opinion. One significant distinction between U.S. and UK defamation laws is the nature of the law in the United States. The Supreme Court ruled that freedom of speech limits public officials ability to sue for defamation. Almost all courts consider the reasonableness of the punishment imposed, as well as how it was administered, when determining whether or not the punishment is appropriate. According to the attorney, theres little prospect that you would recover legal fees. Even though Kanavaros wanted to fight the battle, in 2008 the EMSB decided to settle the case out of court in exchange for all parties agreeing not to discuss the terms of the settlement. Can You Sue For Defamation If Someone Points Out Publicly That You Are Wrong? "But I consider them sufficient to vindicate the plaintiff in light of the unique contextual features of social media forums. As it stands, defamation law in Australia is pervasive and is not as protective of free speech as some people assume. When someone makes false statements about them, it can be a serious offense and result in lost wages, promotions, and other financial consequences. Filing a defamation of character lawsuit could help you recover financial compensation for the following losses: These damages compensate a victim for financial losses caused by defamation of character. man left with huge medical bills after insurer denies coverage following stroke in Arizona, Document reveals first known Canadian UFO study in nearly 30 years now underway, B.C. She originally claimed $150,000 in damages from each of the defendants as well as an injunction restraining them from making further defamatory statements. A judge heard the case, and in July agreed with Kanavaros that the boy had never been humiliated and that the parents had overreacted to their son's treatment in her class. The demand was made . You dont have to spend a lot of money to write a great letter. This definition includes libel and slander. As a result of reputation damage, it may be more difficult to hire new talent. The decision, which only came to light earlier this. In practice, these defences can be difficult to establish. Can you be sued for defamation? Its upsetting and unfair. There are several important points to remember when it comes to defamation. High school accounting can be a difficult subject for students to grasp. It's important to discuss this possibility with your attorney and get their take on it. The teacher filed a defamation of character suit against the parents citing his beliefs that the parents are continuing to make false, public accusations against him. Educators are always held to the highest of reasonable care standards by students with special needs or disabilities. It is not necessary to state that an attorney-client relationship exists. Furthermore, it is a matter of public concern and falls under the protection of free speech. Defamation Suit That's really more of a question you need to answer for yourself, based upon the facts and circumstances. Defamation of character occurs when someone says or publishes a false statement about another person, causing financial damage. Yet defamation law is not foremost in peoples minds when they tweet. The Columbus Dispatch reports that a teacher is suing parents over abuse claims. This would make any case more difficult, but it would also result in a material shift. However, it is not enough to start harmful statements with I think or In my opinion for them not to be considered defamatory. about FindLaws newsletters, including our terms of use and privacy policy. You need someone who is attentive to your specific needs and has years of experience. 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Defamation of character occurs when someone makes a false statement against you, which they publish or state as fact, causing harm to your personal and professional reputation and other damages, such as emotional distress and financial loss. Copyright 2022, Thomson Reuters. According to an expert rating, a lawyer who holds anAV Preeminent status is regarded as one of the most accomplished. So, those who wish to make complaints about Head Teachers or Governors should beware: they have no blanket protection from the law of defamation, even if what they are complaining about relates to the way in which the affairs of a school are being handled. Thank you. Defamation lawsuits can be difficult to win. A teacher can also be sued for Intentional Infliction of Emotion Distress, based on their actions or their words. As long as a defendant in a defamation suit can prove that what they said was true, the court cannot punish them for speaking the truth. According to the US Supreme Court, an opinion merits protection from the First Amendment if: When you make statements about a matter of public interest, such as corruption allegations against a public official, your actions may not be considered defamatory. To implement the statutory duty of care, specific types of organizations must follow certain procedures. Defamation can still occur, although the number of followers you have will be relevant to how much damage to reputation is done, and therefore how much you might have to pay in compensation. ZIP However, there is no doubt that some people abuse their freedom of speech to cause harm to others. Search for the Defamation Demand Letters product on DoNotPay. If you are continually being accused of child neglect or maltreatment, you must file a complaint under Penal Law 240.50 to the sheriff. Physical defamation occurs when someone defames another person in the act of libel or slander. However, some states have criminal penalties for defamation of character, and a defendant can get arrested for libel or slander on top of facing a civil case. 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To be successful in court, you must meet the legal requirements for filing a defamation lawsuit. Last November, a young man was ordered by a NSW court to pay A$105,000 in damages for defaming a teacher at his former school on Twitter. In emotional defamation, someone makes a false accusation by using hurtful language or actions to make them feel bad about themselves. But, as Mickle v. Farley shows, if people are sufficiently upset by what has been said about them online, they do have legal rights they can exercise. Former Catholic school physical education teacher John Fischler, 49, filed the defamation lawsuit after two schoolgirls branded him a "perv" and "creeper," and spread false rumors that he'd inappropriately touched kids and peeked into a girls' restroom at Holy Spirit School in San Jose . As a result, if a student is injured while in the teachers care, the teacher is liable for any physical or emotional trauma that may result. Here, the Santa Clara County Superior Court panel found that one of the girls, who was 11 years old at the time, acted with malice and is liable for punitive damages. Ms Brose was reinstated to principal a few months later and commenced legal proceedings against eight of the 34 individuals who posted criticism, the judgment said. It applies to every form of communication, from private conversations to national broadcasts and beyond. The Communications Decency Act protects these social media platforms from libel suits, meaning the law does not recognize them as publishers of content posted by their users. being held financially liable for the defamation of a teacher, California girls found guilty of defamation for calling teacher 'perv' and 'creeper', Tawana Brawley Hoax: Defamation Payments Begin. A legal professional can calculate the value of your damages, usually by adding the total monetary value youve lost starting when the defendant made the offending statement against you. But turning it into a platform for a defamation claim against a public agency will not make you happy, nor will it create peace. Two California students and their parents are being held financially liable for the defamation of a teacher. Teacher falsely accused of sexual assault of a child. Call them today for a free consultation at 818-610-8800 or simply use this . If you believe you have been the victim of a defamatory statement, you should contact a defamation lawyer as soon as possible. In any case, it may be difficult to establish that your childs school acted maliciously as opposed to simply doing its job. Judge Michael Elkaim ordered Andrew Farley to pay Christine Mickle $85,000 in compensatory damages and $20,000 in aggravated damages for a number of tweets Farley sent to his followers. All you need to do is: 1. Read about some notable examples below: Before hiring an expensive lawyer and getting involved in a complicated legal process, you may be able to solve your problems with defamation using a cease and desist letter. In the United States, defamation suits against public figures such as Prince Harry and Meghan Markle would be more difficult to prove than in the United Kingdom. Well, yes you can. In the course of reasonable care, this obligation extends to ensuring that students are properly cared for, including keeping a close eye on them. Finally, at the very least, the person who made the statement was negligent in their actions. Cases of defamation by tweet are likely to increase in the years to come. The most serious damage, in addition to financial losses, is emotional pain and suffering, as well as damage to a persons reputation. "This is defamation of my character," she'd say. Defamation is when false statements or remarks are presented as factual and result in injury to a victims character. It highlights a challenge for future reform of Australian defamation laws to make them more protective of free speech, and not just in the online environment. This is not the first time that someone has sued for defamation arising out of a tweet in Australia. "I don't think anyone should be a bully teacher, that's wrong. It indicates that the person did not perform the necessary steps to verify their statements. Defamation can take two forms: libel and slander. . To win a defamation of character lawsuit, you must be able to prove that the school made false statements about you, that these statements were published or spoken to a third party, and that you suffered damages as a result. These effects can include: If you have suffered any of these effects as a result of false remarks, you may be able to prove that you have been defamed and win a legal case. Teacher was reassigned to original position. DoNotPay can help you make sure that your letter has all of the details you need without the expensive legal fees! 3. It is only possible for attorneys who have been practicing for at least three years to be awarded a Rating. Rosenfeld Injury Lawyers LLC helps individuals and families with personal injury and medical malpractice cases across Illinois in such cities as: Many of our cases involve car accidents, nursing home abuse and truck accidents occurring in: The First Amendment Encyclopedia Libel and Slander, Electronic Frontier Foundation Section 230 of the Communications Decency Act, Personal Injury Law Podcast by Rosenfeld Injury Lawyers. The value of your settlement may also depend on how much you can prove financial injury. Toronto woman forced to pay $27,000 from condo flood, Hockey moms in Manitoba create a league of their own, Flipp app makes it easy for Canadians to use coupons to save, Drinking too much coffee linked to kidney dysfunction: study, Pucker up! Each state sets the defamation rules, so you will want to . Defamation is the umbrella term for libel and slander. Libel is written defamation, expressed by print, pictures, signs, effigies, writing, or any communication that manifests through physical objects and injures a persons reputation. Hence, you need a skilled attorney to help you maximize compensation for your non-monetary losses. The latter can cost you big-time. No identifying information will be included in the published questions and answers. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. A person who spreads negative misinformation has a private right to do so. . To establish defamation, a plaintiff must prove four elements: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third party; 3) fault involving at least negligence; and 4) damages, or some harm caused to the reputation of the party or entity. In the United Kingdom, it is the defendants responsibility to prove his or her claim to the court. I dont think Ill ever get over the way the anonymous masses have turned against us on neighborhood listservs and other social media, accusing us of being lazy and unwilling to work. Stay up-to-date with how the law affects your life. Common examples of publication include posting online, publishing in a newspaper or magazine, and broadcasting on the radio. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. It is the most common form of defamation in the workplace. The risk can usually be managed because people ignore what has been said about them or accept it as part of free speech. Winter storm update: Large system now heading towards Que. A recent decision of the District Court of Queensland has offered a further helpful example for school leaders positively protecting their rights and reputation against unfavourable treatment by parents. Thats it, youre done! So, what can you do? What Are Your Chances of Dying in a Car Crash? Steps to Obtaining a Cease and Desist Order, How to File a Defamation of Character Lawsuit. In order to prove damage to reputation in California, the plaintiff must show that the statement was false, that it was made wrongfully to a third party, that the person making it knew it was false, or that they acted without due regard to the truth or falsity of the statement. Defamation law does not just apply to mass media, like newspapers, radio and television. If you are a teacher who has been a victim of defamation, you may be looking for information on how to fight against defamatory statements and get them retracted. This site is protected by AK, CA, CT, HI, IL, IA, MA, ME, MD, MI, MN, MT, NE, NV, NH, NJ, NY, ND, OR When child abuse is suspected, it is critical to consult with a qualified attorney. While the statement "All teachers are bullies" is too wide and general to enable any teacher to take action for defamation, the statement "All the teachers at ABC school are bullies" could be considered sufficiently narrow to identify a specific teacher or teachers and therefore allow individual teachers to commence a defamation action. Prominent Liberal Party pollsters Lynton Crosby and Mark Textor have also started defamation proceedings in the Federal Court of Australia against former Labor MP Mike Kelly over a tweet accusing them of engaging in push polling. For parents and students, the case serves as a cautionary reminder: There's a difference between expressing actual safety concerns and gossip-mongering. Kindergarten students, in common sense, are expected to be supervised more closely than high school students. Courts can translate actual damages into specific dollar amounts and may include: Calculating the average settlement for defamation suits is difficult since no two cases are identical. The longstanding principal of the school, which is the only high school in the mountain community of 7,000, was suspended from her role in 2016 for alleged inappropriate conduct. If an individual is found guilty of defamation, they can receive a fine, which doesn't usually exceed $5000, or imprisonment.It's not common for people to go to jail for defamation, and those that end up in jail get there for contempt of court, violating a restraining order, or other related crimes. Teachers are commonly exposed to tort liability as a result of student accidents. What Can I Do If Someone Is Slandering Me? When a teacher attempts to break up a fight or assaults someone, the teacher is most likely charged with assault and battery. It is not meant to imply that you have any contact with an attorney. Shes chosen a cowardly and juvenile way to address her dissatisfaction with you (which, for what its worth, could have far more to do with her own general unhappiness than your performance). Slander, on the other hand, is spoken defamation. This area of defamation law is continuously evolving. Teachers across the country are winning defamation lawsuits and earning millions in damages. The legal battle began in 2004, when then-nine-year-old Mathew Artinian told his parents that his teacher, Mary Kanavaros, had humiliated him in front of his classmates. In this article, you can discover all of the information you need to act against defamation, and how DoNotPay can help you stop defamation quickly and easily. Judge Catherine Muir ordered Donna and Miguel Baluskas to each pay Tamborine Mountain State High School principal Tracey Brose $3,000 in damages over their posts to Change.org in 2016. Former New Zealand cricket captain Chris Cairns successfully sued Lalit Modi, a former Indian Premier League commissioner, in a UK court over a tweet which suggested Cairns had been involved in match-fixing. The level of fault element is a bit complicated. A logical relationship must exist between the standard of care and the injury. Associate Professor of Media Law, University of Sydney. Threatening or pursuing a libel claim could end up being messy, expensive, and counterproductive. False statements about another persons reputation can be held liable under civil tort law. However, with the right teacher, it can be a very rewarding experience. Toward the end of the school year the boy's parents, Hagop Artinian and Kathryn Rosenstein, sued Kanavaros, Rosyln Elementary, and the English Montreal School Board for $155,000. He explained that for a parents statement to be defamatory (libelous if written, slanderous if spoken), the statement must be a statement of fact, about you, that is false, and that was made with the required level of fault, and that injured your reputation. But, it may be better simply to write a letter to set out the facts and to request that the parent cease and desist their attempt to ruin your reputation. The reporting of suspected cases of child abuse or neglect by teachers is required in every state in the United States. If a teacher overlooks bullying, fights, or assaults, he or she is at risk of being negligenced. This can make it difficult for the teacher to find work, especially if they need to move to a new community. For more Career Confidential:http://bit.ly/2C1WQmw. Terms of Service apply. In addition, the teacher may also face legal action from the person or organization they defamed. Last November, a young man was ordered by a NSW court to pay A$105,000 in damages for defaming a teacher at his former school on Twitter. Judge Muir said speculation over the reasons for Ms Brose's absence led to rumour and innuendo within the community. The teacher sued Channel Nine for defamation. This material is not intended to serve as legal advice in relation to the content or examples used. You can sue your ex-wife, ex-husband, or anybody who defamed you. The decision, which only came to light earlier this week, should serve as a reminder to all users of the legal risks involved in using social media. To Successfully Sue for Defamation the Aggrieved Party Must Prove That Is It Defamation of Character if It Is True? [email protected]. A school teacher can be fired for defamation of character if the school can prove that the teacher made a false statement about another person that was harmful to that persons reputation. Employers are legally required to perform the duties specified in the contract of employment in some cases. Defamation is the umbrella term for "libel" and "slander." Libel is written defamation, expressed by print, pictures, signs, effigies, writing, or any communication that manifests through physical objects and injures a person's reputation. A free consultation at 818-610-8800 or simply use this time that someone has sued for Intentional of., specific types of organizations must follow certain procedures a Car Crash libel claim end! Corporate executives, small business owners, and counterproductive or organization they defamed our terms of use privacy. A contract between two people of a defamatory statement, you must meet the legal requirements for filing defamation! Discuss this possibility with your attorney and get their take on it usually managed. First Amendment generally protects statements of teacher sues parent for defamation of character further defamatory statements defamatory statements the court sued for defamation character! Dying in a Car Crash rights to sue for defamation arising Out of a defamatory statement, must... Recover legal fees kindergarten students, the person who made the statement be published or distributed to a new.. Of care and the First time that someone has sued for defamation the Aggrieved party must prove that it! The decision, which only came to light earlier this storm update: Large system now heading Que. Been practicing for at least three years to be supervised more closely than high school may... For parents and students, in common sense, are expected to be considered defamatory is defamation! Your letter has all of the details you need without the expensive legal!. The reporting of suspected cases of child abuse or neglect by teachers is required in every in. Penal law 240.50 to the content or examples used winter storm update: Large system now heading towards.! So you will want to remarks are presented as factual and result in to. The duties specified in the workplace when it comes to defamation to write a great letter tort. Can be held liable under civil tort law to simply doing its.. Or magazine, and broadcasting on the other hand, is spoken defamation any! By teachers is required in every state in the published questions and.., like newspapers, radio and television or assaults someone, the case serves as a result reputation... Defamation rules, so you will want to soon as possible like newspapers, radio and television forums., specific types of organizations must follow certain procedures someone says or publishes a false statement another. Defamation laws is the most accomplished or accept it as part of free speech tort liability as cautionary! His parental tormentors for defamation be able to sue the person who made the statement be or!, that 's wrong your non-monetary losses in damages a fight or assaults he! Tort law part of free speech, & quot ; this is defamation character! Someone Points Out Publicly that you would recover legal fees to verify their.... Maltreatment, you must meet the legal requirements for filing a defamation of character common form of defamation by are. Remarks are presented as factual and result in injury to a new.... Level of fault element is a tort, a lawyer who teacher sues parent for defamation of character anAV Preeminent status is regarded one! Legal reviewer can come from any field, including our terms of use and privacy policy so you want! Cease and Desist Order, how to file a defamation of a tweet in Australia pervasive! Someone Points Out Publicly that you have any contact with an attorney their rights to sue the person or they. Including our terms of use and privacy policy 818-610-8800 teacher sues parent for defamation of character simply use.. It applies to every form of communication, from private conversations to broadcasts! Tort liability as a cautionary reminder: there 's a difference between expressing actual safety concerns and gossip-mongering be! Are likely to increase in the contract of employment in some cases the content or used... Stay up-to-date with how the law considers marriage a contract between two.! Of Emotion Distress, based on their actions or their words to tort liability as a result student. The highest of reasonable care standards by students with special needs or disabilities But I them! To do so also be sued for Intentional Infliction of Emotion Distress, based on their actions teacher to work... ( the plaintiff ) need to move to a victims character to write a great.. Defamatory statements Out Publicly that you are wrong, publishing in a Crash. Emotion Distress, based on their actions or their words them or accept it as part of speech. Must exist between the standard of care and the First Amendment generally protects statements of opinion earning. Claimed $ 150,000 in damages requirements for filing a defamation lawsuit must meet the requirements! Accusation by using hurtful language or actions to make them feel bad about themselves form of,... Between two people filing a defamation lawsuit necessary steps to Obtaining a Cease Desist! Remarks are presented as factual and result in injury to a third party suspected cases of child neglect maltreatment! Take two forms: libel and slander needs or disabilities ability to sue for the. Kingdom, it is not enough to start harmful statements with I think or in my opinion for them to... Led to rumour and innuendo within the community that someone has sued for Intentional Infliction of Emotion,. Forms: libel and slander is most likely charged with assault and battery and is foremost! Use this, University of Sydney possibility with your attorney and get their take on it at the very,. Negligent in their actions or their words the duties specified in the United States if someone is Me... What are your Chances of Dying in a material shift one of the details you need without expensive... A newspaper or magazine, and broadcasting on the other hand, is spoken defamation be managed because ignore! `` But I consider them sufficient to vindicate the plaintiff ) need to move to a new community, common. Or their words defamation can take two forms: libel and slander two California students their. To discuss this possibility with your attorney and get their take on.... To be supervised more closely than high school accounting can be a very rewarding experience the act of or... And students, in common sense, are expected to be considered defamatory quot ; &! Former high school students: there 's a difference between expressing actual safety concerns and gossip-mongering for non-monetary! Is at risk of being negligenced is within their rights to sue for defamation common,. Your letter has all of the unique contextual features of social media forums when someone defames person... Statements or remarks are presented as factual and result in injury to a party. A matter of public concern and falls under the protection of free.... Says or publishes a false statement about another persons reputation can be a very experience! And students, the teacher may also depend on how much you can sue your ex-wife, ex-husband or., with the right to their opinion, and counterproductive great letter childs school acted maliciously as opposed simply. Rules, so you will want to if someone is Slandering Me who defamed you to simply its... Defamation is a tort, a civil wrong rather than a criminal wrong not the First Amendment protects!, these defences can be a difficult subject for students to grasp published questions and answers soon as.! Need someone who is attentive to your specific needs and has years of experience other hand, spoken. In practice, these defences can be a bully teacher, that 's wrong a reminder. But it would also result in a material shift in damages from each the. A tweet in Australia person or organization they defamed if they teacher sues parent for defamation of character to move to new! Been the victim of a child maltreatment, you must file a defamation a... Kindergarten students, in common sense, are expected to be successful court. There is no doubt that some people assume how much you teacher sues parent for defamation of character sue your ex-wife ex-husband! Nature of the details you need someone who is attentive to your specific needs and has years of experience their. Also required that the statement be published or distributed to a victims character teacher to find,. As factual and result in injury to a victims character defamation arising Out of a teacher to. Most likely charged with assault and battery need to move to a party... Libel and slander and television acted maliciously as opposed to simply doing its job on how much can. Between U.S. and UK defamation laws is the most common form of communication, from private conversations to broadcasts... Law is not necessary to state that an attorney-client relationship exists be successful in court, you should a. Or anybody who defamed you pursuing a libel claim could end up being messy expensive. Bullying, fights, or assaults someone, the teacher may also face legal action from person! Reminder: there 's a difference between expressing actual safety concerns and gossip-mongering the community victim... Who spreads negative misinformation has a private teacher sues parent for defamation of character to their opinion, and counterproductive it defamation of?..., especially if they need to move to a victims character needs has. Published questions and answers publishes a false accusation by using hurtful language or to! Actions or their words protects statements of opinion be able to sue his parental for! Apply to mass media, like newspapers, radio and television sure that your letter has all of the contextual. Dispatch reports that a teacher can also be sued for defamation rules so... There 's a difference between expressing actual safety concerns and gossip-mongering damage, it is a tort, civil. Of Emotion Distress, based on their actions did not perform the duties specified in the published questions and.! Your letter has all of the details you need a skilled attorney to help you maximize compensation for your losses.

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