FLB Law Secures Summary Judgment Win in Employment-Related Defamation Case

FLB Law prevailed in an employment-related defamation case involving the firm’s client, a leading national provider of commercial real estate services headquartered in New York City. The client was sued by a former employee fired after allegations of his sexual harassment were investigated. The plaintiff claimed he was wrongfully terminated but only sued for defamation, claiming that the alleged false claims were repeated during the investigation.

Joshua Auxier filed a motion for summary judgment in Stamford Superior Court, which granted the motion. The motion was successful because of information that Josh ascertained from his thorough investigation and deposition of the plaintiff.

The defense strategy focused on two key arguments: qualified privilege and lack of publication. Per the court’s decision, Josh established that the client-employer had the qualified privilege as it had to investigate the matter per law and acted without malice, an essential element to overcome the qualified privilege defense.

He also argued that there was no evidence of publication of the defamatory statements. The plaintiff's belief that other employees were aware of the allegations was based solely on speculation. Working with the client, Josh established in the motion that the allegations were only discussed with the accuser and not disseminated further.

This victory underscores FLB Law’s dedication to defending our clients against unfounded allegations and achieving favorable outcomes.