Legal Alerts

Sean Edwards Obtains Full Dismissal on Case

Sean Edwards obtained full dismissal with prejudice of all claims against a defendant attorney in a case pending in the United States District Court for the District of Kansas, regarding the alleged actions of the defendant attorney in an underlying case.  Plaintiff, who had been a defendant in the underlying litigation, asserted malicious prosecution, defamation, and fraudulent misrepresentation claims against the attorney who brought the underlying litigation.  

The issues in the present case were whether the pleadings of counsel in the underlying case asserting discrimination, harassment, intimidation, and retaliation in a Title IX case could be determined to be malicious, defamatory, or fraudulent.  The questions before the Court were whether the Kansas Public Speech Protection Act protected the assertions of counsel, and/or whether under such circumstances the plaintiff’s allegations stated a claim upon which relief could be granted.

As to the plaintiff’s malicious prosecution claims, the Court concluded because the underlying litigation did not terminate in favor of the plaintiff, his malicious prosecution claim was dismissed for failure to state a claim.

As to the plaintiff’s defamation claim, the Court dismissed this claim as time barred.  The Court determined that the plaintiff had failed to bring the defamation claim within the applicable one-year statute of limitations which accrues when alleged defamatory statements are published or spoken.

As to the plaintiff’s fraudulent misrepresentation claim, the Court likewise determined that this claim was time barred, having not been brought within the applicable two-year statute of limitations.

With each of the plaintiff’s claims failing either by failure to state a claim or by being time barred, the Court dismissed each of the plaintiff’s claims with prejudice.  The plaintiff elected not to appeal.