Moyes Sellers & Hendricks Prevails In Defamation Claim

On the playground we learned that while sticks and stones may break your bones – words can never hurt you.  Unfortunately, in today’s online environment, that adage is no longer accurate. False and defamatory internet postings can have significant impact on business owners and can compromise a business’ ability to generate new customers.  On November 16, 2017 a nine member jury in Maricopa County returned an unanimous verdict in favor of two MSH clients in a defamation claim and awarded both compensatory and punitive damages.  Attorneys Joshua Greer and Jennifer Rethemeier presented the case on behalf of MSH’s clients and paralegal Donna Navarro provided litigation support for the trial that lasted four days.  The facts of the case centered around the defendant’s posting of a comment on the website RipoffReport.com.   Specifically, the defendant’s partner had hired MSH’s clients to provide certain services on behalf of defendant’s partner.  At the conclusion of the services, the defendant posted a report that failed to accurately describe the services provided by MSH’s clients and portrayed MSH’s clients in a poor light.  MSH initiated legal action in order to recover payment for services rendered by MSH’s clients on behalf of the defendant’s partner as well as to obtain damages for the defamatory posting.  Prior to trial, MSH negotiated a settlement between the defendant’s partner and MSH’s clients which resolved the non-payment issues and all other claims against the defendant’s partner.  At trial, Mr. Greer and Ms. Rethemeier established that the defendant made the defamatory posting, the defamatory posting was false and that the defamatory posting caused damage to MSH’s clients.  Mr. Greer and Ms. Rethemeier also established that the defendant acted with the requisite intent for the jury to award punitive damages.  The jury deliberated for approximately one hour before returning the verdict.  MSH’s litigation team consists of experienced trial lawyers who understand the way to obtain positive results for their clients in and outside of the courtroom.