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<p>[QUOTE=&quot;NPCoin, post: 398440, member: 5629&quot;]If this is truly libel and defamation, a disclaimer will not help in any case.&nbsp; However, this company is apparently in Indiana.&nbsp; Libel and defamation in Indiana have per se requirements, not per quod.&nbsp; As such, malice must be proven.&nbsp; Indiana also has a fairly straightforward anti-SLAPP law.</p><p><br /></p><p>Best thing is to present the facts of the matter to as many attorneys as possible over the next few days and try to find one on contingency.</p><p><br /></p><p>Yes, lawsuits take quite a lot of energy as well as time and money.&nbsp; And you are correct, if he losses it could very well cost quite a bit.&nbsp; However, again, malice is very important in prosecuting libel and defamation in Indiana.&nbsp; Also, one&#039;s opinion could be construed as a statement of fact.&nbsp; If you make a statement that you would buy a Toyota over a GMC, you are not committing libel any more than you walking out of Best Buy as you tell the salesperson that they were rude and you will take your business elsewhere.</p><p><br /></p><p>These are both subjective matters, not objective truths.&nbsp; And if the threatening company did in fact lose after filing a complaint (and it does not even necessarily have to go to court), there are definitive reliefs in Indiana under both cause of action codes and anti-SLAPP codes, which include attorney fees AND punitive awards.</p><p><br /></p><p>The SLAPP issue is the only iffy part that I can see, because it could be argued both ways that the third party grading is or is not of public issue.&nbsp; However, if the judge could be convinced that it is in fact a matter of public issue, then an anti-SLAPP counter would be an effective defense against the libel/defamation since Indiana requires such to be with malice.</p><p><br /></p><p>Also, if the owner of ENGS does actually have an attorney, as said before, the attorney would be doing all the talking and NOT the complainant.&nbsp; Not only that, but I am sure any attorney would consider the ramifications of filing a malicious cause of action and malicious use of procedure action on a case that borders so close to being a SLAPP.</p><p><br /></p><p>On a federal level, a successful anti-SLAPP could easily open the doors to federal felony prosecution as well as civil relief under both State and federal laws.</p><p><br /></p><p>Again, the two key words here are <b>attorney</b> and <b>contingency</b>.</p><p><br /></p><p>Best of luck to you.[/QUOTE]</p><p><br /></p>

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