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There are four main elements to any defamation claim: that a person made a false and defamatory statement; that the statement was published (meaning that it was conveyed to at least one other person); that the plaintiff is clearly identified as the person about whom the statement was made; and that the plaintiff suffered some injury to his or her reputation as a result of the statement. And if your name pops up in a false statement on a conspiracy theory website or show, you may have difficulty proving that last element, especially if that website is InfoWars....

As a small business owner facing a recession, it can be tempting to bury the disclosure information all the way at the end of a business contract or give customers difficulty with cancelling subscription or services. However, these tactics may not pay off with the FTC. MediaPost reports that the FTC recently fined Commerce Planet because the FTC claims that the company lured in consumers to provide their banking or credit information for a short trial period of use for their products and then slammed their customers with monthly membership fees....

The first transvaginal mesh implant lawsuit has reached a verdict in California and the outcome looks good for plaintiffs. Many women claim to have suffered injury due to transvaginal mesh implants used to treat pelvic organ prolapse or stress urinary incontinence. This initial trial was intended to gauge the value of these claims on a large scale. From that, the industry can determine how much each case is likely to cost....

In a move criticized by many, Kansas enacted new rules limiting the use of cash assistance (also known as public assistance, or welfare). Kansas’ new law, which goes into effect on July 1, is an extensive ban on products and services that can’t be purchased with cash assistance. Items that cannot be purchased with welfare include alcohol, cigarettes, tobacco products, lottery tickets, concert tickets, professional or collegiate sporting tickets, or sexually oriented adult materials....

Although the U.S. department of Immigration and Customs Enforcement was only created in 2003, it feels like it’s been around forever. Perhaps that’s due to its impact on immigrants and their families. ICE has stepped up its detention and deportation efforts over the past couple years, with immigration arrests rising 30 percent in 2017 over the previous year. Those arrests have occurred at courthouses, schools, and even hospitals. And there has been no shortage of stories involving people, including sheriff’s officers and even school principals, threatening to call ICE on people they think may be illegal immigrants....

The Fourth Amendment applies a pretty fuzzy standard to constitutional police conduct, protecting people from “unreasonable searches and seizures.” Over the last 200 or so years, courts have attempted to distinguish between reasonable and unreasonable searches, trying to provide rules that balance police and public safety with a person’s privacy interests. And one of those battleground areas in recent years has been so-called stop-and-frisk policies and public pat-downs. Police are allowed to stop people if they have a reasonable suspicion that a crime has been, is being, or is about to be committed, and can conduct a reasonable search for weapons or contraband....

So you’re being deposed. Perhaps your business is caught in litigation that you initiated, or maybe it’s a legal fight that someone else is picking with you. Whatever the reason for the deposition, you’re now being called into a conference room with an attorney bombarding you with questions in front of a video camera. It sounds scary enough. What do you do? Here are five things you need to know:...

Employee exit interviews are a great way to glean valuable information from your soon-to-be former workers. But you’ll also want to keep the interview legal. Exit interviews can be no-holds-barred, as departing employees simply don’t care or have been waiting to sound off. But some employees, especially those being terminated, may find them insulting. Exit interviews are pretty simple. Most of the time you should simply keep your mouth shut, take notes, and listen....

What makes an “all-American” look? Is it blue eyes and blond hair? Or is it what our President, our baseball heroes, our movie stars look like? The torch-bearers for the all-American look, Abercrombie & Fitch, are being sued by the EEOC for being not quite up to date in knowing what an all-American guy or girl looks like these days. This is not just an esthetic failure, but a mistake of law as well....

With the economy in a slump, older persons have had a more difficult time returning to and staying in the workplace. This, of course, has brought about a lot of questions regarding age discrimination laws and just when they apply. Though some age discrimination laws do cover activities outside the workplace, such as in the provision of services, because employment discrimination is such a hot topic, we’re going to focus on those laws that impact employees and job applicants....

Ever wonder why buffets are such a good deal? Well, in the case of four Bay Area Chinese buffet restaurants – Golden Dragon Buffet in Brentwood, New Dragon Buffet in San Leandro, Golden Wok Buffet in Roseville, and Kokyo Sushi Buffet in Hayward – they could afford to keep their prices down because they were paying workers less than $6 an hour and forcing them to work 12-hour shifts with no overtime....

In a decidedly not pageant-like or graceful turn of events, a New York beauty queen is planning to sue the NYPD for $210 million over alleged police humiliation. Miss Westchester Kristy Abreu, 19, told reporters last week that New York City police officers mistakenly “hauled her off to jail” after a computer glitch caused her car to come up as stolen, reports New York’s WCBS-TV. What kind of humiliation could amount to almost a quarter-billion-dollar claim for this beauty queen?...

Breastfeeding at work can be a sensitive issue. What do employers need to know? For example, should you be concerned if an employee asks you for a place where she can pump breast milk? When we say “concerned,” we’re referring to the potential of legal action brought by the employee. While it’s generally not wise for an employer to ignore a breastfeeding mother’s request to pump milk on the job, the laws on this issue aren’t always as clear cut....

Workers’ compensation is the insurance system that compensates workers who suffer work-related injuries and illnesses. In cases where the worker’s injury results in permanent, complete disability, workers’ compensation benefits will typically be awarded in an amount that reflects not just the worker’s medical bills but also the future inability of the worker to earn his previous income due to the injury. But what about cases in which the worker may be able to continue work part-time or return to light duty?...

A Florida girl plunged 100 feet to the ground at park ride in Wisconsin on July 30. The ride, “Terminal Velocity,” located at Extreme World in Lake Delton, Wisconsin, allows park goers to fall 160 feet into a net and inflated air bags, The Associated Press reports. Charles A. Carnell, who was responsible for the ride, apparently “blanked out,” and never saw the “all clear” signal before he released, 12 year-old Teagan Marti....

Attorneys are using an obscure law to enforce unpaid healthcare bills by seniors. In Pennsylvania, attorneys have dusted off old law books to make use of a law that holds adult children financially responsible for their parents’ health care debt. An article in the Philadelphia Inquirer reported on an adult son who was afflicted by this legal bow and arrow when he was sued for his mother’s $8000 bill at a nursing home....

An entire family was injured last year when a ceramic firepot exploded sending incendiary fuel gel onto their bodies. One family member was left with third degree burns over much of his face and body. The Huntsville, Alabama family has now brought a class action lawsuit against the manufacturers of the firepots and fuel gels. Several other victims have also joined the class action, reports WAAY TV. Given that there have been 86 reported injuries and two deaths since these products were introduced in 2008, this class action could be the first of many....

Just the thought of getting served with an eviction notice is scary for most people. Fortunately, landlords are not allowed to use self-help, such as changing the locks, making living conditions unbearable, or threats of force, to evict a tenant. Additionally, most states and cities have specific procedures that must be followed for an eviction to be valid. Unfortunately for tenants, most cities do not have strong rent control protections like in San Francisco or Toronto....

The Senate’s intended Christmas present for all Americans promises to ensure that most Americans have insurance. The bill proposes healthcare coverage for 96% of Americans. According to Reuters, the Senate healthcare bill also offers healthcare options for small businesses such as federal tax plans that would enable small business owners to provide healthcare coverage for their employees. The Senate healthcare bill would also aim to create new insurance exchanges via states so that small business owners can shop around for the best health insurance policy for their small business....

A family of eight thought they found the perfect town home in a Florida community. However, the large family was in for a rude awakening as they were given an eviction notice for being too big. In 2006, a couple took their six children out to the pool of the town home community. One of the residents of the complex reportedly asked the family if all the kids were theirs. Upon receiving an affirmative response, told the couple that it would be a problem, reports Tampa Bay Online....