Attorneys Justin Gonzales and Carl Lanfear obtained summary disposition on a claim alleging: Defamation Libel, Defamation Slander, Intentional Infliction of Emotional Distress, Invasion of Privacy False Light, Malicious Prosecution, Abuse of Process, Conspiracy to commit Abuse of Process, and Injunctive Relief. All these counts were dismissed via motion for summary disposition. The defense argued (and the court agreed) that defamation and false light claims must be specific and factually false, and not protected speech (such as statements made in court proceedings.) The Intentional Infliction of Emotional Distress claim was dismissed because Plaintiff failed to prove an objective manifestation of emotional distress or that the act that caused it was outrageous and not a mere insult. Malicious prosecution and abuse of process require more than mere belief or suspicion, actual evidence is required to survive a motion for summary disposition. Great result!
