My question involves court procedures for the state of: Florida
Is the tort of Defamation by Implication included in Defamation or must it be specifically plead? Can't find anything that answers that question.
The first amended complaint includes defamation by implication, but the second amended complaint accidentially left it out.
Two individual defendants were dismissed based on the first amended complaint. They were dismissed from the case well before the second amended complaint was filed.
The dismissal of the two defendants was appealed. Then the corporate defendant got dismissed on a motion for summary judgment. They all have the same attorney of course.
If the appeals court reverses, then the two individual defendants will be back in the case. The two individual defendants are personally liable but for totally different reasons and both issues are cases of first impression in Florida.
The question, if defamation by implication must be specifically plead, and it was in the last complaint served on those defendants, does that claim still survive? The 2nd Amended Complaint was not answered by the individual defendants.
The 1st Amended Complaint was dismissed because it was too long and some claims were dismissed because they were alternative claims and then the implication got left out in re-writing. Defamation by implication was not dismissed.
What is really funny is that one of the individual defendants is a managing partner of the LLC, corporate media defendant. The appeal concerns a side issue concerning criminal conduct that could pierce the LLC veil. If I pierce the LLC veil, then all the partners of the LLC will be defendants by virtue of it then being a partnership without third party liability protection and all the partners would be equally and personally liable. In effect the LLC defendant will be back in the case, without actually being back in the case.
And of course the attorney's last trick is not going to work again.