Court Rejects Ex-Drinker Associate's Libel Claims Against Partners
A California appeals court found Drinker Biddle partners' negative reviews of a former associate were opinions, and not actionable.
March 28, 2018 at 06:17 PM
4 minute read
Photo: Shutterstock.com
A former Drinker Biddle & Reath associate who alleged that four partners at the firm defamed her in performance reviews has lost her bid to revive those claims before a California appellate court.
Ani Avetisyan, who worked in the Philadelphia-based firm's Los Angeles office from February 2012 to December 2013, sued Drinker Biddle for breach of contract and wrongful discharge, among other claims, after she was terminated and opened a solo practice. Avetisyan also sued several partners alleging libel and slander—Michael McTigue Jr., Sheldon Eisenberg, George Caplan and Kristopher Davis.
The Superior Court of Los Angeles County dismissed the claims against the partners and granted summary judgment to Drinker Biddle. The ruling in the partners' favor has now been affirmed by the California Court of Appeal.
In an decision filed Tuesday, Associate Justice John Segal found that the partners were expressing their opinions about Avetisyan in performance reviews and other communications about her, so their statements are not actionable.
“They just said that, in their opinions, her work was not good enough,” Segal said. “Maybe they were wrong. But their statements do not support a cause of action for defamation.”
Avetisyan confirmed Wednesday that she also plans to appeal the trial court's ruling on the claims against Drinker Biddle. Because that is pending, she declined to comment on Segal's opinion.
According to the opinion, Drinker Biddle hired Avetisyan as a litigation associate in L.A. in 2012 from Sidley Austin. She primarily worked with Caplan and Davis, the opinion said, and helped Eisenberg with an appellate matter.
Problems began to arise when Avetisyan was tasked with interviewing another lateral associate candidate, Tessa Raisin, two months after Avetisyan joined the firm, the opinion said. Avetisyan recommended against hiring Raisin, saying she was too informal during the interview, but the firm ultimately hired her anyway, “at the insistence of Caplan and Davis,” Segal wrote.
In November 2012, Avetisyan got her first performance review and alleged that Caplan and Davis were unfair to her because of her recommendation against hiring Raisin. After that, the opinion said, Caplan and Davis began excluding Avetisyan from certain discussions and strategy sessions “in part because Avetisyan, unlike Raisin, did not approve of using profane language or participating in racy conversations about personal matters.”
In August 2013, Eisenberg and McTigue, the firm's then-new litigation chair, informed Avetisyan that she would need to find new employment by the end of the year. They said it was because certain lawyers lacked confidence in her ability to handle the work they needed done, the opinion said.
“Avetisyan thought these reasons were false. She believed the firm was firing her because the firm wanted to appease Caplan and Davis, did not have enough billable work to support two litigation associates and preferred to keep Raisin, and wanted to avoid bad publicity for laying off associates,” the opinion said.
She alleged that Caplan, Davis and Eisenberg accused her of incompetence in their written performance reviews, and that McTigue implied in an email that she was not a capable associate. Avetisyan said the partners interfered with her ability to secure a new job.
The appellate court disagreed, saying the performance review comments were subjective opinions and judgments, while McTigue's email was not directly about Avetisyan or her ability. And Avetisyan had no existing relationships with potential employers when those statements were made, the opinion said, so there could be no interference.
A spokesman for Drinker Biddle did not respond to a request for comment Wednesday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPhila. Med Mal Lawyers In for Busy Year as Court Adjusts for Filing Boom
3 minute read'Recover, Reflect, Retool and Retry': Lessons From Women Atop Pa. Legal Community
3 minute readEDPA's New Chief Judge Plans to Advance Efforts to Combat Threats to Judiciary
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250