Tholen v. Assist America, Inc., No. 19-1290 (8th Cir. 2020)
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Plaintiff and his wife filed suit against Assist American for defamation after the organization published a case study in a travel and insurance magazine concerning an injury plaintiff suffered. The district court granted Assist America's motion to dismiss the complaint, finding that the case study at issue did not refer to plaintiff and his wife either explicitly or by implication and thus defamation was improperly pled under Minnesota law.
The Eighth Circuit reversed and held that there is a plausible inference, sufficient to survive a motion to dismiss, that persons who read the case study about a middle-aged doctor from the Midwest who injured his leg while zip lining in Mexico resulting in amputation would understand the article to be referencing plaintiff. Because the description in the case study is so specific and unique that it could be viewed by a jury as fitting one individual, this was sufficient to satisfy the pleading requirements. Accordingly, the court remanded for further proceedings.
Court Description: [Grasz, Author, with Erickson and Kobes, Circuit Judges] Civil case - Defamation. Plaintiff alleged a case study in a travel and insurance magazine published by defendant defamed him, and the district court dismissed the case, determining that because the case study did not refer to plaintiff, either explicitly or by implication, his identity was not ascertainable and his defamation action failed to state a claim under Minnesota law. Held: Because the description in the case study is so specific and unique that it could be viewed by a jury as fitting a universe of one - plaintiff - the district court erred in dismissing the complaint at this stage of the litigation. Judge Erickson, dissenting.
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