Case: Defamation
Counsel: David Owens and Mary Dolan
Result: Case Dismissed Pre-Answer Summary Judgment Granted Against Plaintiff
Plaintiff brought a suit against a non-profit organization alleging defamation, false light, intentional infliction of emotional distress and civil conspiracy. Plaintiff alleged that a post was made on the non-profit organization’s webpage, depicting the plaintiff’s image and text accusing plaintiff of domestic violence. However, the post that plaintiff claimed was defamatory was an non-actionable finding of a rabbinical council arbitration, setting forth the basis by which the plaintiff had violated not only the terms of the voluntary arbitration agreement he entered into, but also Jewish law in failing to participate in the proceeding and denying his partner an opportunity to obtain a proper divorce pursuant to the dictates of their religion. The Court granted our client’s Pre-Answer motion to dismiss finding that not only did plaintiff fail to state a cause of action in which relief can be granted, but also acknowledging that the post on the non-profit organization’s webpage was protected free speech, dismissing the plaintiff’s complaint.