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Deaton v. Napoli

New York Law, Not Rhode Island's, Applies in Diversity Suit Alleging Defamation, Libel

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MEMORANDUM AND ORDER Plaintiffs John Deaton and Maria Ferro Deaton (“Maria Deaton”) (together, “plaintiffs”), proceeding pro se, bring this action alleging defamation, libel per se, libel, slander, and tortious interference with business relations against Marie Napoli and Paul Napoli (“defendants”). Presently before the Court is plaintiffs’ motion for the application of Rhode Island law to this case. For the reasons set forth below, the Court denies plaintiffs’ motion.I. BACKGROUNDA. FactsThe following facts are taken from the Amended Complaint. (AC, ECF No. 28.) Plaintiffs are attorneys in Rhode Island who were previously married. (Id. 11.) Plaintiff John Deaton is the sole owner of the Deaton Law Firm, LLC, headquartered in Rhode Island. (Id. 12.) Defendants Marie and Paul Napoli are attorneys who reside in New York. (Id.

4, 5, 12.) The Deaton Law Firm practices mostly asbestos litigation and is a competitor to defendant Paul Napoli’s former firm, Napoli Bern Ripka Shkolnik LLP (“Napoli Bern”). (Id.)In November of 2007, plaintiffs employed Vanessa Dennis (“Dennis”) as an associate/paralegal at the Deaton Law Firm where she continued to work until January 31, 2011. (Id.

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