Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Goolden v. Wardak

Defamation Per Se Counterclaim Sufficiently Pleaded in Suit Charging Sexual Assault, Rape

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Plaintiff/Counterclaim Defendant Sarah Goolden (“Plaintiff”) brings this action against Defendant/Counterclaim Plaintiff Hamed Warzak (“Defendant”), alleging sexual assault and rape. In the instant motion, Plaintiff moves to dismiss Defendant’s counterclaim, alleging defamation per se pursuant to Federal Rule of Civil Procedure 12(b)(6). The Plaintiff argues that the challenged allegations in the counterclaim (“CC”) are absolutely privileged as a matter of law and therefore cannot form the basis of a defamation claim. The Defendant argues that the challenged allegations fall within the Williams exception where statements made maliciously and solely for the purpose of defaming the defendant are not protected by the absolute privilege rule. For the reasons set forth below, this Court finds that the Defendant has sufficiently pleaded facts in his counterclaim alleging that the Plaintiff’s sole motive was to defame him and therefore her allegations are not absolutely privileged as a matter of law. Therefore, the Plaintiff’s motion to dismiss the counterclaim is hereby DENIED. BACKGROUND I. Statement of Facts The Court assumes the Parties’ familiarity with the facts, which are set forth more fully in the Complaint (“Compl.”). ECF No. 1. The Plaintiff alleges that the Defendant sexually assaulted and raped her shortly after their engagement. See Compl.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Appellate Division Clerk (Court Executive 3B)

When you come to work for New Jersey Judiciary you will join an 8500-member strong TEAM that operates with the highest standards of independ...


Apply Now ›
Director of Trial Court Services (Court Executive 4)

When you come to work for New Jersey Judiciary you will join an 8500-member strong team that operates with the highest standards of independ...


Apply Now ›
Full- time pro se law clerk

CAREER OPPORTUNITYUNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT VACANCY ANNOUNCEMENT - USDC-CT 24-14 POSITION: Pro Se Law Clerk OPENI...


Apply Now ›
Go to Lawjobs