Attorneys obtained dismissal of plaintiff's defamation lawsuit
Attorneys obtained dismissal of plaintiff's defamation lawsuit. Plaintiff was the former CFO of a bankrupt company that manufactured and sold food packaging machinery to the food service industry. Plaintiff alleged that company personnel sent defamatory emails to the bankruptcy trustee alleging that plaintiff was responsible for the company's bankruptcy. Plaintiff obtained relief from the bankruptcy stay to pursue his defamation claim. The attorneys' filed a motion to dismiss ) based on the statute of limitations arguing that the defamation claim was not subject to the bankruptcy court's automatic stay and that the trustee's appointment as interim gap trustee did not toll the statute of limitations. In a 28-page opinion, the United States District Court agreed with the motion to dismiss on all points and dismissed plaintiff's case.