IMO, Very strong arguments in both lengthy Motions for Summary Judgment.
I am hoping both motions will be granted.
2/12/2024 | 270 | MOTION - FOR SUMMARY JUDGMENT | 66 |
CONCLUSION
117. There is no reported case or interpretation of the Restatement of Torts which supports the proposition that the type of public statements issued by Mr. Bertolino on behalf of his clients, in the context in which those statements were issued, the manner in which they were published, and the nature of the wording used, is actionable or meets the elements of an intentional infliction of emotional distress claim. The record evidence does not allow for any reasonable jury to find in Plaintiffs’ favor. All Defendants exercised their legal rights (in making the statements)in a legally permissible way. As such, for all the reasons stated above and based upon the undisputed material facts developed through extensive discovery, summary judgment on Counts II, II, IV, and V should be granted in favor of the Laundrie Parents.
WHEREFORE, these Defendants, CHRISTOPHER LAUNDRIE and ROBERTALAUNDRIE, respectfully request that this Court enter an Order granting this Motion, enteringsummary judgment in their favor and against Plaintiffs on all claims and granting any further reliefthis Court deems appropriate.
2/12/2024 | 263 | MOTION - SUMMARY JUDGMENT | 64 |
CONCLUSION
115. There is no reported case or interpretation of the Restatement of Torts which supports that proposition that the type of public statements issued by Mr. Bertolino on behalf of his clients, in the context in which those statements were issued and the manner in which they were published, and given the nature of the wording used, is actionable or meets the elements of an intentional infliction of emotional distress claim. The record evidence does not allow for any reasonable jury to find in Plaintiffs’ favor. All Defendants exercised their legal rights (in making the statements) in a legally permissible way. As such, for all the reasons stated above and based upon the undisputed material facts developed through extensive discovery, summary judgment on Counts III and VI is due to be granted in favor of Mr. Bertolino.
WHEREFORE, this Defendant, STEVEN BERTOLINO, respectfully requests that this Court enter an Order granting this Motion, entering summary judgment in his favor and against Plaintiffs on all claims and granting any further relief this Court deems appropriate.