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Justices: statements fall within qualified privilege

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The Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified privilege precludes the defamation action.

Christine Dugan sued Mittal Steel and supervisor Jay Komorowski for defamation per se and intentional infliction of emotional distress after she was fired and later re-instated following a theft investigation at the company. She claimed Komorowski’s statements – paragraphs 6 and 7 in her complaint – support that he committed defamation per se. In paragraph 6, Dugan said Komorowski told the chief of security at the company that Dugan was stealing time and attempting to defraud the company. He also accused her of stealing an air compressor. In paragraph 7, she claimed that Komorowski told employees that Dugan was working on a core exchange (theft) of welding machines with her boss.

The word “theft” was added to give context to the statement, the court noted.

In Christine Dugan v. Mittal Steel USA, et al., No. 45S05-1002-CV-121, the high court upheld the grant of summary judgment in favor of Mittal Steel and Komorowski. The justices agreed with the trial court that paragraph 6 constituted defamation per se and paragraph 7 did not. Paragraph 6 imputed criminal conduct or occupational misconduct; paragraph 7 implied it through the use of the word “theft,” but the actual words used by Komorowski don’t support a finding of defamation per se.

Even though paragraph 6 constitutes defamation per se, the Supreme Court also affirmed that the statements at issue were protected by qualified privilege. Komorowski went to the chief of security to express concerns about suspicious disappearances of company equipment. Komorowski had become concerned after seeing equipment disappear for a number of years.

“It is unreasonable and contrary to sound policy for the common interest qualified privilege for intracompany communications about theft of company property to apply only for statements made on personal knowledge and to exclude the reporting of information received from others,” wrote Justice Brent Dickson. “The designated evidence here clearly establishes that Komorowski's statements were based on an accumulation of several years of careful personal observations and gathering of information from others with first-hand knowledge and that his resulting concerns and opinions were expressed to the security chief in good faith.”
 

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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