Get all your news in one place.
100's of premium titles.
One app.
Start reading
Reason
Reason
Politics
Eugene Volokh

Plaintiff Accused of Being "Litigious" Sues for Slander

From Dever v. Dugan, decided by a panel of the Vermont Supreme Court (Harold E. Eaton, Jr., Karen R. Carroll & Nancy J. Waples) on June 12:

Plaintiff was performing work at Amy's Bakery in Brattleboro…. Dugan owned the property where the business was located.

Plaintiff alleged in his complaint that Dugan stated "that, as owner of [the] property, he had the right to approve or refuse, anyone doing work in or on his building," and "he would not allow [plaintiff] to work in his building" because "[plaintiff] had sued people for whom he had worked in the past," and "there was a good chance" that plaintiff would sue them and "he didn't want to take that chance." According to plaintiff, Dugan told Comerchero [who owned Amy's Bakery] that if she did not terminate plaintiff immediately, he would evict her.

Plaintiff also alleged that Dugan gave Comerchero a list of cases that plaintiff had been involved in for use in a breach-of-contract case that plaintiff brought against her. While plaintiff referred to this list of cases as "malicious defamation," there was no allegation that plaintiff was not in fact involved in these suits.

The trial court rejected Dever's slander claim:

Sign up to read this article
Read news from 100's of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.