TT&H Attorneys Joseph Shields and Taryn Vender Win Dismissal of Luzerne County Defamation Action

Thomas, Thomas & Hafer (“TT&H”) Attorneys Joseph Shields and Taryn Vender recently won the dismissal of a defamation action filed in the Luzerne County, Pennsylvania Court of Common Pleas.  Joseph J. Shields, a partner in TT&H’s Wilkes-Barre location, and Taryn M. Vender, an associate in that same office, represented a well-known, large national retailer in a defamation action filed by a mother and her adult son.  In their Complaint, the Plaintiffs argued that a letter authored by the Defendant and addressed to them constituted defamation.  The letter, which served to revoke the Plaintiffs’ store membership, was shared with all store branches nationwide.

Joe and Taryn filed Preliminary Objections to the Complaint, arguing that the Plaintiffs failed to prove publication of the alleged defamatory statement.  They argued that publication to an identified third person is an essential element of actionable defamation.  During oral argument, Attorney Shields took the position that Plaintiffs failed to state a claim upon which relief may be granted, noting the absence of any allegation in the Complaint specifically stating to whom the alleged defamatory information was made public.  For their part, the Plaintiffs attempted to argue that the letter was published when it was shared with the stores across the nation.

In its Opinion and Order, the Court embraced Joe and Taryn’s arguments and sustained their Preliminary Objections, resulting in a dismissal of the Complaint.  While the Court did grant Plaintiffs’ request to file an Amended Complaint, the Order specifically stated that any Amended Complaint must list an identified third person to meet the essential elements of actionable defamation.  If any Amended Complaint does not do so, the matter will be dismissed with prejudice for failure to plead a valid cause of action.

Questions on this case can be directed to Joseph Shields at (570) 825-7227 or jshields@tthlaw.com, or to Taryn Vender at (570) 825-4794 or tvender@tthlaw.com.