Court Grants Summary Judgment for Defendant in Defamation Case in Leon County, FL

CSK Defense
Orlando Partner Danielle Simpson

Case Summary
A recent case in the Circuit Court of the Second Judicial Circuit involved a former employee (Plaintiff) who sued her previous employer, a non-profit organization, and two members of its Board of Directors (one of which was CSK’s client). The Plaintiff brought claims for negligent infliction of emotional distress, negligence, promissory estoppel, and defamation. After earlier motions, the only claim left against CSK’s client was for defamation.

The dispute centered on events following Plaintiff’s suspension and termination, in which she alleged that statements made by the Defendants to the media and others were allegedly defamatory and harmed her reputation.

Defense Strategy
Ms. Simpson focused her defense on two main arguments:

• Statutory Immunity: The defense successfully argued that her client was entitled to statutory immunity for statements made in their official capacities concerning the organization’s management and policies.
• Truth and Invitation: The defense also demonstrated that the statements in question were either true, substantially true, or were invited by the Plaintiff herself. The court found that the Plaintiff’s own actions—such as filing a lawsuit and speaking to the media—opened the door for the non-profit organization and its Board of Directors to respond publicly.

Verdict
The court granted summary judgment in favor of CSK’s client on the following:

• The statements made by the Defendants were true or substantially true, and not defamatory.
• The Defendants were protected by statutory immunity.
• The Plaintiff had not provided evidence of malice, negligence, or special damages required for a defamation claim.
• The Plaintiff’s own actions invited the statements she later claimed were defamatory.

As a result, the court entered final judgment for CSK’s client, dismissing the Plaintiff’s claims for defamation.