The NFL hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, and one of

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The NFL hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, and one of its partners, Theodore Wells to investigate allegations of bullying within the Dolphins organization. After receiving the firm’s report, the Dolphins fired then-offensive line coach James Turner. The investigation had centered on the bullying of a football player, Jonathan Martin, who had abruptly left the Dolphins team midway through the 2013 season. After several months of investigation, Paul, Weiss published a 144-page report that concluded that bullying by other Dolphins players contributed to Martin’s decision to leave the team. The Report also included several references to Coach Turner and opined that Coach Turner’s unprofessional conduct, including discouraging players from “snitching” on one another, played a role in Martin’s struggles. After his termination, Turner sued Wells and the law firm that conducted the investigation for defamation. Defendants filed a motion to dismiss on grounds that (1) the report consisted of opinions and therefore was not actionable in a defamations case; (2) the complaint failed to identify any false statements of fact in the report, and (3) plaintiff was a public figure and failed to plead actual malice in the complaint. The trial court granted the Defendants’ motion to dismiss and plaintiff appealed. How do you think this case handled by the appellate court and why? Why do you believe Turner was or was not a public figure?

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Dynamic Business Law The Essentials

ISBN: 9781260253382

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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