Legal Question in Personal Injury in Maryland

Defamation.

I am being sued for Defamation, Invasions of Privacy, and Infliction of Emotional Distress by my wife's ex-husband. His motion contains copies of two letters I wrote him in 2000 and 2001. I was living in Europe at the time and he was residing in Cleveland, OH. Recently, in March, 2008, I sent him an email using my wife's Yahoo acct. because of (what I believe) was his continuing harrassment of my family, including his daughter, who lives with me. I also believe this is inadmissiable because of Privilege between husband and wife; and it also fails to meet the threshold of email content discloser mandated by law in the Patriot Act, 18-2702 (a)(b). Before I hire an attorney I want to know what are the pros and cons of why a motion for Summary Judgement cannot be filed in this matter. Thank you.


Asked on 9/04/08, 9:58 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Defamation.

A motion for summary judgment can be granted if there are no factual issues between the parties, and assuming the truth of the allegations made by the plaintiff, he has not made out a cause of action on the legal theories on which his case is based. To prove defamation, he must establish that you communicated falsehoods about him to third parties with malicious intent or reckless disregard for his rights, and that he suffered actual harm. Under MD law, the action must be filed within 1 year of when the cause of action accrues, which is either when you published the falsehoods or he found out about them. So this would rule out any claim based upon the 2000-1 letters. As to the 3/08 email, I don't think your privilege argument has merit, but if you didn't copy or divulge it to anyone other than possibly your wife, it's hard to see how he can prove any damages.

I'd suggest you retain an attorney, take discovery including a deposition, and then file a summary judgment motion.

Read more
Answered on 9/04/08, 11:06 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Maryland