Filing a Florida Civil Lawsuit

When you contact a Florida civil litigation attorney for a Federal or Florida civil lawsuit, it is important to gather all of the information you have regarding the matter first. This information should include any and all contracts, emails, other correspondence, and any other documents that demonstrate your claim(s).

Having all the information up front will benefit you in at least two ways:

–          The attorney you contact will be better equipped to analyze your situation and decide the best way to proceed

–          You will ultimately save time, and therefore money, when the case proceeds to the Florida litigation discovery process, which can be very overwhelming.

Each Federal or Florida litigation case is separate and will require different document production, but these items are usually a good place to start. What Documents Do I Need to File a Florida Civil Lawsuit

Defamation and Litigation Privilege

Litigation privilege protects attorneys and parties in a lawsuit from defamation claims stemming from statements made during the trial. This privilege does not extend outside the courtroom, especially to comments made online.

This was the matter at fact in the 2011 case Ball v. D’Lites Enterprises, Inc. 65 So.3d 637 (Fla. 4 CA 2011). After Ball filed the suit, the defendants posted statements on their website saying the plaintiffs had violated trademarks. Ball then filed a complaint against the defendants for defamation.

Defamation refers to any statement that harms a person or company’s reputation. Written defamation is called libel and spoken defamation is called slander.

The defamation claim was dismissed by the trial court, but the district court disagreed.  “We analogize the publication of statements on the internet to calling a press conference with the media or otherwise publishing defamatory information to the newspapers or other media,” they stated.

The moral of this case is to watch what you say, especially if you are online and/or in the middle of a litigation case.

 

If you believe you have a claim against another party and are considering filing a Florida civil lawsuit against them, then contact Boyer Law Firm’s litigation attorneys today to see if and how we can assist you.

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