From last Friday's opinion by Philadelphia County (Pa.) Common Pleas Court Judge Lyris Younge in Jauregui Law Firm v. Inside Higher Ed (appeal pending):
Plaintiffs Jauregui Law Firm, Raul Jauregui Esquire, and Daniel Boye … [sued] Defendants Inside Higher Ed, Johanna Alonso, Dyller Solomon Law Firm and Barry Dyller Esquire … alleging defamation, false light and commercial disparagement. The suit arises from an article authored by Johanna Alonso and published by Inside Higher Ed on June 13, 2023 …[, which] is a brief synopsis of a series of Title IX suits stemming from an alleged rape that occurred at King's College in Wilkes-Barre Pennsylvania. [The article appears to be this one, though it bears a June 14, 2023 date. -EV]
In under five pages, the Article describes an initial Title IX suit filed by a female student against Plaintiff Daniel Boye, three Title IX counter-suits filed by Mr. Boye against the female student, her mother and her friend, and yet another suit filed by the three women against Mr. Boye and Mr. Jauregui alleging that Mr. Boye's counter-suits constituted an abuse of the legal process and were a deterrent designed to intimidate the women. The Article notes that Mr. Boye was expelled from King's College. In addition, the Article quotes attorneys involved in the suits (including Mr. Jauregui) and a Title IX expert, discusses the potential legal implications of Title IX "countersuits", and whether Title IX proceedings at colleges constitute quasi-legal proceedings….
Defendants are entitled to judgment as a matter of law because the Article is substantially true and accurate. The Plaintiffs claim that the Article is "vile," "drips with venomous derogatory false fact," and was written and published by "depraved liars … who claim to be journalists." However, despite the Article's brevity, the Plaintiffs are unable to point to any material falsity contained therein.
