Leveault v. Skolas
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SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-05-093 STATE OF MAINE YORK, ss. ROBERT R. LEVEAULT, Plaintiff ORDER ON PENDING MOTIONS DEBRA SKOLAS and THE SMART SHOPPER, INC., Defendants The plaintiff, who formerly served as the deputy fire chief in Hollis, has brought suit against Debra Skolas for writing and paying for the publication of a lengthy allegedly defamatory statement that was highly critical of him. He has also sued The Smart Shopper, Inc. for printing the statement in its weekly publication. There are three pending motions that have been argued. The plaintiff has been granted an attachment against defendant Skolas and has moved for attachment against The Smart Shopper, Inc. I cannot find that it is more likely than not that the plaintiff will recover against The Smart Shopper. See Rule 4A(c), N1.R.Civ.P. The second motion is the motion of The Smart Shopper, Inc. to dismiss. After a review of the written submissions, Ballard v. Wagner, 2005 ME 86, June 30, 2005 and particular consideration of the neutral reportage doctrine found in Edwards v. National Audzrbon Society, 556 F.2d 113, 120 (2nd.Cir. 1977) the motion will be granted in part. While it is not clear that an attachment should be granted it also is not clear that the complaint should be dismissed in full against The Smart Shopper. Unlike the better known participants in Eda~nrds this case does not involve a decision to report accusations rather it irlvolves a decision to accept a paid advertisement containing acct~sations. It is true that the case of New York Tirnes Co. v. Sz~lliaan, 376 U.S. 254, 256 (1964) involved "statements in a full-page advertisement" signed by many distinguished Americans and that Constitutional protections exist for "'editorial advel-kisen-lent' of this type", at 266. It is too early to make a final decision ori these complex issues. However, the references to "Cosa-nostra", "Little Family" and not "mafia" are merely rhetorical devices that ~ 7 o u l d lead to liability. Ms. Skolas used quotation marks in her paid advertisement malung it obvious that she was not accusing fire department members of being gangsters. The final motion is the motion of defendant Skolas for judgment on the pleadings. That motion is granted ill part only as to that portion of the complaint that refers to "Cosa-nostra", "1,i ttle Family" or "mafia". The entries are: Motion for attachment against The Smart Shopper, Inc. is denied. Motion of The Smart Shopper, Inc. to dismiss is granted in part, denied in part. Motion of Debra Skolas for judgment on the pleadings is granted jn part, denied in part. Dated: August 12, 2005 J a m e s Haddow, E s q . - PL J a m e s B i l l i n g s , E s q . - DEF. DEBRA SKOLAS P e t e r J . D e T r o y , E s ~ . - DEF. THE SMART SHOPPER, I N C . Paul A. Fritzsche Ju"ice/ Superior CoIlrt
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