Legal Question in Legal Ethics in Pennsylvania
I am suing someone for defamation of character. I have a order stating defendants preliminary objection in the nature of a demurrer is dismissed.
Defendant�s preliminary objections requesting a more specific pleading, relating to a purported lack of specificity as to the content of the alleged defamatory communication, a failure to sufficiently identify the recipients of the communications, and a failure to sufficiently identify the person making the defamatory statements, are dismissed
Defendants� preliminary objection in the form of a motion to strike, relating to plaintiff's claim for punitive damages, is dismissed.
Defendant�s preliminary objection in the nature of a motion to strike, relating to plaintiff's claim for attorneys fees, is sustained, and that claim is stricken.
Can someone please explain to me what this all means?
1 Answer from Attorneys
It means that all of the defendants Preliminary Objectons have been dismissed, excepted the objections relating to attorneys fees, which was granted. This mean that the defendant now has 20 days to answer your complaint, but you cannot recover your attornes fees from the defendant. Overall, this is a good Order for you. It says that your lawyers complaint was fine, except for the claim that defendant pay your attorneys fees, which is normal. It is very rare that a defendant would have to pay a plaintiff's attorneys fees, and is granted only when provided for by a specific statute or law. Good luck.
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