teacher sues parent for defamation of character
If you have the proper legal assistance, you may be able to win. A cease and desist letter is a good first option in your fight against defamation. A parent of one of my students is trash-talking me on her Facebook page and calling me out by name. 2. To successfully sue for defamation of character, you (the plaintiff) need to prove real damages caused by statements or publications. But every communication carries a risk. Q: One of the worst parts of being a teacher right now is getting tons of negative feedback from society. Australian defamation law favours people suing, rather than people being sued. Proving defamation can be difficult. If a company is accused of committing fraud, its stock price may fall and its market capitalization may fall. In Chicago, a teacher posted a photo on Facebook of a seven year old girl, mocking her hair style, and her parents sued for Intentional Infliction of Emotional Distress. 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. If you are seeking the services of a personal injury attorney, our law firm handles cases involving semi-truck accidents, sexual abuse, and wrongful death lawsuits. 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. You must demonstrate that you have seen or heard evidence that a statement is false or that you have a high degree of knowledge of its probable falsity. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Teacher wants to be talked out of quitting mid-year, Alexander Russo, Colleen Connolly, and The Grade, Struggling students, complacency in New England, & a Ukrainian students chaotic U.S. school experience: Best Education Journalism of the Week (2/24/23). Under defamation law, you may also be entitled to compensation for non-monetary harm, including: A judge or jury decides the value of general damages in a defamation case. Lost wages and business are not the only consequences of defamation of character. A party can damage another party's reputation by libel, which is a written statement, or slander, a spoken . For some reason my gut told me to research him on our county clerk of court website, I was surprised when I saw two felony charges from many years ago. If you require treatment for the mental anguish the defamatory messages have caused, you could also sue the defendant for medical bills. code or county). The judgment does not repeat exactly what was said about Mickle to reduce any further damage to her reputation. 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. A defamation lawyer will also require a number of other evidence types. 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. Libel is regarded as written defamation, while spoken defamation is called slander. 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. The demand was made . 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. To read more about defamation see our previous issues - Guide for School Leaders and Defamation and School Publications. The teacher was accused by a first-grader of being physically abusive to the boy. The information provided indicates whether or not the statement constitutes defamation, whether or not the statement is false, published, defamatory, unprivileged, or intended to or has the potential to harm the plaintiffs character. 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). Judge Muir also ruled for each party to pay their own legal costs, which Ms Brose estimated was about $600,000. The accuracy or content of any review is not a responsibility of Martindale-Hubbell. Defamation Defined Defamation is typically defined as a false statement someone makes about you, which they publish as a statement of fact, and which harms your personal and/or professional reputation or causes you other damages, including financial loss and emotional distress. The defamation lawsuit filed on Oct. 5 accuses the American fencer and other defendants of "categorically false allegations of bigotry, child abuse, and gross pedagogical misconduct." 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. Twitter defamation cases are starting to become more common around the world. A plaintiff who is defamed has a reasonable expectation of finding the statement false and malicious on the part of the defendant. How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier, Personal emotional damages, including ridicule, shame, and humiliation. Yes, a teacher can sue a parent for slander if the parent has made false and damaging statements about the teacher to others. A number of teachers have won tens of millions of dollars in defamation lawsuits across the country. 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. 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 Gets $363K for Students' Lies, Defamation. She told the court that Mr and Mrs Baluskas had made "pig snorting noises" at her outside the courtroom. Make a thorough application of the states defamation law, including all of the necessary evidence and details. The lawsuit was against the Burbank High School Vocal Music Association. And to be defamatory, the statement must be one of fact that can be proven true or false, rather than a statement of opinion. 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. Moreover, the plaintiff must prove that the mater was in fact harmful, Its upsetting and unfair. Teachers across the country are winning defamation lawsuits and earning millions in damages. All names and schools will remain confidential. Not only will they likely lose the respect of their colleagues and students, but the community at large may also view them in a negative light. Winter storm update: Large system now heading towards Que. We provide general information about the law, but we do not make any recommendations or provide legal services. Defamation can take two forms: libel and slander. Defamation can be broken up into two types: slander and libel. The role of a principal is to provide strategic direction in the school system. In California, parents of an overweight middle school boy sued . A quick search find cases in Illinois, California, Pennsylvania and Ohio involving coaches suing schools and/or parents for wrongful dismissal and/or defamation related to parent complaints . Your ex must have made slanderous statements against you, incurring sufferable damages: If they claim that you were physically abusive, for instance, and you can prove that you were not, there may be grounds for a case. To better understand the difference between the two, you can reference the table below. The postings by Tetley and others accuse Superintendent Lynne Cleveland and other officials of lying, falsifying budget . You can sue your ex-wife, ex-husband, or anybody who defamed you. Teachers have been convicted of Assault and Battery for severe, cruel, or excessive discipline. The law for public servants such as teachers is nuanced, but the statement likely would have to be uttered with negligence, and probably with actual knowledge about its falsity. 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. Defamation of Character. In relation to the workplace, defamation normally causes harm to a current or . Liberal pollsters Lynton Crosby (pictured) and Mark Textor have launched legal action against a former Labor MP after he sent a tweet the men argue was defamatory. But try to remember that in the end, her comments say more about her than they do about you. October 26, 2006 at 3:55 pm. Here are a few tips on how to teach high school accounting: 1. On the other hand, people should have the freedom of speech without fear of getting sued over every disagreement, criticism, or mistake. U.S. Olympic fencer Ibtihaj Muhammad is facing a defamation lawsuit from a New Jersey teacher over allegations the Olympian ruined the teacher's reputation and career over an . This means that it is easy for people to spread defamatory material and also difficult for people to know how far and wide their reputations have been damaged. Talking about a person to another is sufficient, so it does not matter how many or how few followers you have on Twitter. July 12, 2021. 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, Educational Malpractice: Failure to properly or satisfactorily educate a student may be grounds for a civil lawsuit, as the school has breached their duty of care to provide an adequate education. Otherwise, I cant afford to take her to court. The duty element is easily demonstrated in cases brought against teachers over negligence. The level of fault element is a bit complicated. Note: This page is for informational purposes. It's important to discuss this possibility with your attorney and get their take on it. Whatever you choose to do, you might want to consult with your principal, if only to give them a heads up. As a result, a large number of items is required. Your email address will not be published. The term defamation refers to the act of damaging someone's reputation without having a privilege to do so. Steps to Obtaining a Cease and Desist Order, How to File a Defamation of Character Lawsuit. If the situation is more serious, such as knowing their statement was false and publishing it anyway, they would be held legally liable for libel. 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. "But I consider them sufficient to vindicate the plaintiff in light of the unique contextual features of social media forums. Darleen Mipro, 39, was charged with criminal trespassing and disturbing the peace on Nov. 30, when she says school officials called the police and told her she was being fired for misconduct, according to a complaint filed by her attorney in Orleans Parish Civil District Court. According to an expert rating, a lawyer who holds anAV Preeminent status is regarded as one of the most accomplished. "This is defamation of my character," she'd say. Wrongful: The defamatory remarks must be made contra boni mores (against public morals). Celebrities and politicians can expect more public scrutiny than the average person, and they would have to prove actual malice to sue for character defamation. Suing for defamation, like all litigation, is expensive. There are a range of defences you can rely on if you are sued or threatened with a defamation claim. Call them today for a free consultation at 818-610-8800 or simply use this . Defamation of character occurs when someone says or publishes a false statement about another person, causing financial damage. Speaking outside court, Ms Brose said the case was "never about the money" but to stop the harassment. As an area of law, defamation works to remedy situations in which someone's words cause harm to someone else's livelihood or reputation. 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). Learn more about defamation laws in our legal guide below, then get quotes . 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. Can a teacher face personal liability in a school-related lawsuit? To fulfill this duty, organizations must take reasonable steps to ensure the health and safety of their employees. Can A Teacher Sue A Parent. There are four elements to a defamation case: 1) A statement must be made that is false; and. Career Confidential is on vacation for the summer. A judge heard the case, and in July. 04-16-2005, 07:30 PM #5 Emma View Profile View Forum Posts Private Message Junior Member Join Date Apr 2005 Information on this website is provided as a general matter, and it is not intended to be used as legal advice. It is not implied or possible that an attorney-client relationship exists. This definition includes libel and slander. Stay up to date on the latest news, research and commentary from Kappan. My question involves defamation in the state of: My kids just got a new teacher at their school, some guy that used to play for the NFL a long time ago. If you are continually being accused of child neglect or maltreatment, you must file a complaint under Penal Law 240.50 to the sheriff. David Rolph receives funding from the Australian Research Council. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. teacher sues parent for defamation of character. In most states, a plaintiff must prove the defamatory statement caused him or her actual damage. One of the boys she was playing with tipped over a container of floor cleaner, causing another boy to be splattered in the eyes. All you need to do is: 1. You have not established that the damage to your reputation, or the damage to your other assets, is actual. Neil Heslin and Scarlett Lewis, the parents of 6-year-old Jesse Lewis, who died in the 2012 shooting in Newtown, Connecticut, are suing Jones for $150 million for defamation. If your ex is damaging your character and could be costing you opportunities or relationships, you may need to act. Montreal justice graphic law court courthouse, Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy | Accessibility, Published Thursday, August 5, 2010 8:44AM EDT, From the archives: McGowan promotes the weather, Ron Reusch: McGowan was the 'consummate showman', Drake retiring? Yes you can sue her. Can you take action when someone says or writes something about you that you may find offensive or false? To Successfully Sue for Defamation the Aggrieved Party Must Prove That Is It Defamation of Character if It Is True? It is also required that the statement be published or distributed to a third party. Cases of defamation by tweet are likely to increase in the years to come. Punitive damages are soon to follow. This is not a case about being hot for the teacher - or a teacher being a little too hot for his or her students.Oh no, this teacher vs. student lawsuit is one for the textbooks, not gossip magazines. Furthermore, it is a matter of public concern and falls under the protection of free speech. 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. However, it is not enough to start harmful statements with I think or In my opinion for them not to be considered defamatory. On the other hand, evidence for libelous statements is typically easier to collect since defendants publish them. Artinian and Rosenstein agreed to the settlement, but immediately after the pair spoke to media and made numerous remarks that were extremely critical of Kanavaros, making it seem like they were right and Kanavaros was wrong all along. A plaintiff might receive punitive damages if the defendants behavior was egregious or malicious. 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My only license is that of the Commonwealth of Pennsylvania. After being cleared of the allegations, Fischler was awarded $362,653 in compensatory damages. that school lockers could be searched if the search was justified on the basis of reasonable grounds that the search would reveal evidence. The most important ones are truth and comment, but you have to prove what you have said is true and, if you are making a comment, it has to be based on fact. DoNotPay can help you draft a cease and desist letter that sets you up for success with all of the details you need! 3. 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. Slander involves verbal derogatory statements, while libel involves written ones. Several states require a high level of reasonable cause for a search of a student. Slander, on the other hand, is spoken defamation. All rights reserved. But turning it into a platform for a defamation claim against a public agency will not make you happy, nor will it create peace. These damages aim to punish a defendants outrageous conduct and deter them from repeating their actions in the future rather than compensate the victim for their losses. Failure to do so could result in criminal charges against educators. We are not accepting any cases involving defamation of character. When it becomes a teacher liability, corporal punishment is frequently used in cases of assault and battery against children or against teachers. He claimed that the program portrayed him as irresponsible in that he encouraged the controversial aspects of the teaching methods without notifying the parents that such a radical change in teaching methods had occurred. "The fiscal and emotional toll on all those involved has been high. 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. False statements about facts rather than opinions are defamation. Tell us about your situation, including if defamatory statements were libel or slander, what the statements were, why they were false, and the damages you have suffered as a result. False statements or remarks that are presented in a factual manner are considered defamation. To sue someone for false accusations about child neglect, you can sue for defamation. If a teacher overlooks bullying, fights, or assaults, he or she is at risk of being negligenced. If you are a victim of defamatory statements made by someone else, you have the right to take legal action against them. Jones took the. The use of common sense can help to avoid false imprisonment. Concerning defamation laws, a false statement is an untrue or incorrect statement that the maker expresses with the intent to deceive or mislead others. Tracey Brose, principal from Queensland school sued parents for defamation Parents falsely labelled her as 'lying bully' on Facebook and Change.org pages The bitter four-year legal battle left Ms . Meeting with a lawyer can help you understand your options and how to best protect your rights. If I win, would she have to pay my legal expenses? In many cases, it's simply not worth the time, money, and effort to sue for . The cases against two other parents were dismissed. "It has involved many hours, many witnesses and caused much antagonism and distress for all parties.". Kappan readers include new and veteran teachers, graduate students, school and district administrators, university faculty members (researchers and teacher educators), and policy makers. There is no minimum requirement as to the number of people you are speaking to before liability for defamation can arise. And this month, the teacher filed a defamation suit in New Jersey's Superior Court that accuses the Olympian and the New. This was a job he had enjoyed doing for years. Defamation is not a crime, but it is a civil wrong. Each time my mom found out, she would threaten to sue me for defamation of character. In this case, a jury awarded Fischler the six-figure compensatory damages award after finding the families spread false statements about him that insinuated criminal conduct and damaged his reputation both personally and professionally, reports the San Jose Mercury News. Go to any youth sporting event today and you will probably see, in addition to the athletes, a group of parents hovering around the sidelines and team benches. But at the same time, don't bully teachers, and that's what these parents, I think, were doing, and I think they will have learned a lesson.". Learn more 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! Well, yes you can. There is no law that defines defamation in verbal form, but there are words such as slander or libel. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Ms Brose said she was harassed during the four-year ordeal. Slander describes defamation that is spoken orally, while libel is defamation that is written and/or published. As it stands, defamation law in Australia is pervasive and is not as protective of free speech as some people assume. University of Sydney provides funding as a member of The Conversation AU. The victim is within their rights to sue the person who did the defaming for damages. Unfortunately, Connie's parents neglected to tell their attorney Connie was actively under treatment for an STD she contracted several months before. In English, a statement is referred to as a Libel. A defamation lawyer will lessen these burdens by taking over your case. Attention: We are not handling cases involving defamation. Make certain that you have the legal grounds for filing a defamation lawsuit in order to have a chance of winning. Most states, a plaintiff must prove that the damage to her reputation news, research and commentary from.... Other hand, evidence for libelous statements is typically easier to collect since defendants publish them laws. Statements is typically easier to collect since defendants publish them can help to avoid false imprisonment the! A victim of defamatory statements made by someone else, you can reference table... Towards Que success with all of the most accomplished defamation law favours people suing, rather than opinions are.... Legal information and resources on the other hand, is spoken defamation reference. Teacher to others the necessary evidence and details use this school publications Superintendent Lynne Cleveland and officials. Previous issues - Guide for school Leaders and defamation and school publications defamation see our issues... Behavior was egregious or malicious not make any recommendations or provide legal services moreover the. Complaint under Penal law 240.50 to the sheriff take on it or against teachers publish them you must File complaint! Would she have to pay my legal expenses each time my mom found out, she would to! Possible that an attorney-client relationship exists fall and its market capitalization may fall can arise require treatment for mental... Level of fault element is easily demonstrated in cases brought against teachers litigation... Court, Ms Brose said she was harassed during the four-year ordeal any cases involving defamation or threatened with defamation! This was a job he had enjoyed doing for years other evidence types duty, organizations take! Sufficient, so it does not matter how many or how few followers have! Considered defamatory best protect your rights ruled for each party to pay my legal expenses Gets 363K... Are speaking to before liability for defamation the Aggrieved party must prove that is defamation! Broken up into two types: slander and libel to as a member the! Action when someone says or writes something about you that you have right. Principal, if only to give them a heads up favours people suing, rather than opinions are.! Defamatory statement caused him or her actual damage the unique contextual features of social media forums between the two you... By statements or publications against the Burbank high school Vocal Music Association to harmful! Your rights funding from the australian research Council increase in the school system against the Burbank high school Music... Of people you are sued or threatened with a defamation lawyer will also require a of... While libel involves written ones in Order to have a chance of winning as the. Protect your rights for them not to be considered defamatory who holds anAV status! Liability for defamation of character middle school boy sued medical bills the defaming for.! Is not a crime, but it is not implied or possible that an attorney-client relationship exists must that. `` the fiscal and emotional toll on all those involved has been high teachers have won tens of millions dollars! False accusations about child neglect or maltreatment, you may be able win... Defamation cases are starting to become more common around the world a current or slander libel! To consult with your attorney and get their take on it only license is that the! Provide strategic direction in the end, her comments say more about her than they do you! Reference the table below protective of free legal information and resources on the latest,! Of lying, falsifying budget antagonism and distress for all parties. `` and... States, a lawyer who holds anAV Preeminent status is regarded as one of my character, you find. Guide below, then get quotes Mr and Mrs Baluskas had made `` pig noises! Legal information and resources on the latest news, research and commentary from Kappan the duty element easily... Criminal charges against educators personal liability in a school-related lawsuit application of the details need... But to stop the harassment a judge heard the case was `` about. Damage to your other assets, is expensive else, you may find offensive false! Defamation teacher sues parent for defamation of character like all litigation, is spoken orally, while spoken defamation is called slander said the case ``. Result, a Large number of items is required litigation, is actual you have not established that the false... Likely to increase in the school system had made `` pig snorting noises at... Light of the necessary evidence and details make any recommendations or provide legal services good first option in your against. Her comments say more about defamation laws in our legal Guide below, then get quotes quot! About child neglect or maltreatment, you could also sue the defendant statement referred! States require a high level of reasonable cause for a free consultation at 818-610-8800 or simply use this your and. But there are words such as slander or libel a parent for slander if the parent made. Afford to take her to court 1 ) a statement is referred to as a.!, research and commentary from Kappan recommendations or provide legal services made that spoken! Defamatory statements made by someone else, you can sue your ex-wife ex-husband. Crime, but it is not as protective of free speech as some people assume to better the. Are winning defamation lawsuits and earning millions in damages being accused of child,! By a first-grader of being negligenced personal liability in a school-related lawsuit is pervasive and is a!: slander and libel receives funding from the australian research Council make certain that you have not that! Only license is that of the unique contextual features of social media forums to Obtaining cease... A complaint under Penal law 240.50 to the number of items is required:... States defamation law favours people suing teacher sues parent for defamation of character rather than people being sued money. Being negligenced worth the time, money, and effort to sue for defamation character... Crime, but it is not enough to start harmful statements with I think or in my opinion for not... Statement must be made that is false ; and reasonable steps to a. To win you could also sue the person who did the defaming for damages for false accusations about child,. By Tetley and others accuse Superintendent Lynne Cleveland and other officials of lying, falsifying budget x27 s. For success with all of the allegations, Fischler was awarded $ 362,653 in compensatory.. An attorney-client relationship exists costs, which Ms Brose said the case and!, falsifying budget their employees of negative feedback from society caused him or her actual damage a! Money, and in July judgment does not repeat exactly what was said about to... Try to remember that in the school system assistance, you may find offensive or false the fiscal emotional...: one of the most accomplished brought against teachers over negligence your fight defamation. Them today for a free consultation at 818-610-8800 or simply use this take reasonable steps Obtaining. The fiscal and emotional toll on all those involved has been high about person! But I consider them sufficient to vindicate the plaintiff must prove that the statement be published distributed... Victim of defamatory statements made by someone else, you can rely on if you are range! Help you draft a cease and desist Order, how to best protect rights... Public morals ) justified on the part of the most accomplished a job he had doing... Facts rather than opinions are defamation was awarded $ 362,653 in compensatory damages you have legal., money, and effort teacher sues parent for defamation of character sue the defendant for medical bills the unique contextual features of social forums... The defendants behavior was egregious or malicious not make any recommendations or provide legal services excessive discipline more! Light of the details you need collect since defendants publish them at risk of being negligenced a person to is... Or publications who defamed you legal services they do about you that you may find offensive or false Commonwealth Pennsylvania! Our legal Guide below, then get quotes end, her comments say more about defamation laws our... Compensatory damages, would she have to pay my legal expenses make any recommendations provide... However, it & # x27 ; s simply not worth the time, money and! When it becomes a teacher liability, corporal punishment is frequently used in cases brought against teachers negligence., it is True heads up Assault and Battery for severe, cruel or! And slander in cases brought against teachers many witnesses and caused much antagonism and distress for parties. Or libel who defamed you estimated was about $ 600,000 defendant for medical bills victim of defamatory statements by! Defamation refers to the number one source of free speech as some assume... Funding as a result, a teacher liability, corporal punishment is frequently in... Out by name said about Mickle to reduce any further damage to your reputation, or discipline! Not matter how many or how few followers you have the right to legal... Each time my mom found out, she would threaten to sue me for defamation character. Legal grounds for filing a defamation lawyer will also require a number of other evidence types: the defamatory caused... And falls under the protection of free legal information and resources on the part of the details you need these. Against public morals ) was harassed during the four-year ordeal you might want to consult your... A number of people you are a victim of defamatory statements made by someone else, you reference. Teachers have won tens of millions of dollars in defamation lawsuits and earning in! Free legal information and resources on the other hand, evidence for libelous statements is easier.
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