Murray then posted an online response to Doherty’s interview by saying that “women . . . are routinely sexually harassed and that this behavior is condoned by high-level management at Doherty Enterprises right up to the top.” He warned that “any reader who has a daughter, wife, etc. working for Doherty are [sic] more than likely being subjected to similar treatment.” Doherty then sued Murray on defamation grounds. Was Doherty a victim of defamation? Explain.
On September 24, 2008, Ed Doherty, a franchisee/owner of about 80 Applebee’s restaurants in New Jersey, New York, and Pennsylvania said in a newspaper interview that he treats employees “with dignity and respect” and offers “a great opportunity for them to have a good job.” Previously, Michael Murray had represented his daughter, Erin Duby, a former Applebee’s employee, in an arbitration claim alleging that she was sexually harassed by managers and other employees. In December 2007, Murray rejected a settlement offer arising out of the arbitration process.