Motion to Dismiss Granted in Defamation and Malicious Prosecution Case

Gentry Locke Rakes & Moore for the Defense

Circuit Court of Franklin County

Gentry Locke represented an individual defendant in a multi-count defamation and malicious prosecution case. Plaintiff sought $250,000 in compensatory damages, plus $350,000 in punitive damages.

We filed demurrers (motions to dismiss) to all claims on behalf of our client. At the conclusion of the hearing, the Court granted our client’s demurrer to the malicious prosecution claim “with prejudice,” meaning it cannot be brought again. The Court granted the demurrer to the defamation claims without prejudice and ordered the plaintiff to refile her claims, identifying all allegedly defamatory comments with particularity. She had failed to do so in her original lawsuit.

Rather than attempting to amend her lawsuit, the plaintiff quickly thereafter voluntarily dismissed all defamation claims “with prejudice.”