Dismissal Motions Filed in Melania Trump’s Maryland Defamation Case
A few months ago, Melania Trump filed a lawsuit in Montgomery County Circuit Court located in Rockville, Maryland against a Maryland blogger (Webster Tarpley) and an associated entity (Mail Media Inc.) for defamation of character and interference with business relations. There have been a few preliminary actions in the Montgomery County Circuit Court case including the initial scheduling hearing two weeks ago. However, last week Mail Media Inc. joined Webster Tarpley in filing its own motion to dismiss the Melania Trump lawsuit. Thus, currently both defendants have pending motions in the Circuit Court to dismiss the Melania Trump lawsuit. A hearing on the two defendants’ motions to dismiss is scheduled for January 27, 2017 at 9:00 a.m. at the Montgomery County Circuit Court in Rockville, Maryland.
The Melania Trump lawsuit is based on certain statements which were written by Webster Tarpley on his blog. The defendants are alleged to have posted an article that said Melania Trump has worked as a “high end escort.” In Maryland, the causes of action alleged within the Melania Trump lawsuit (defamation of character and interference with business relations) are both difficult causes of action to prove.
In Maryland, to prove tortious interference with business relations, a plaintiff (here Melania Trump) must establish that the defendant committed intentional acts done with the unlawful or wrongful purpose to cause damage to plaintiff’s lawful business with actual damage resulting. Specifically – and very difficult to prove — Melania Trump will be required by the Court to show that each “defendant acted with malice. Malice, in this context, means an act that is wrongful and without legal justification.” (State v. Roshchin). Defamation is equally difficult to establish. In Maryland, to prove defamation, Melania Trump will be required to prove: “(1) that the defendant made a defamatory statement to a third person, (2) that the statement was false, (3) that the defendant was legally at fault in making the statement, and (4) that the plaintiff suffered harm.” (Hosmane v. Seley-Radtke).
The litigation attorneys at Longman & Van Grack defend and litigate many different types of cases throughout Maryland and specifically in Montgomery County Circuit Court (which is one block from Longman & Van Grack’s Rockville Office). Contact Adam Van Grack or any one of our attorneys at (301) 291-5027 to arrange a meeting at our Rockville, Maryland or Bethesda, Maryland Offices if you have any questions related to litigation.
