12 h, aug 17, 2021 y - US: DEFAMATION
OPINION LETTER
AH Motion to Dismiss
DENIED #3
UK TRIAL UNFAIR
Description:
Third time AH has applied for dismissal and third time DENIED.
Further:
This is not a matter of first impression; it is a matter of stare decisis. Based on the
abundance of binding case law holding mutuality is still a requirement in Virginia, collateral estoppel is not appropriate here. However, even if an exception to mutuality applied, the Court is not persuaded by Defendant's argument that Plaintiff had a full and fair opportunity to litigate the UK Action. Defendant was not a party in the UK action and was not treated as one. Because she was not a named defendant, she was not subject to the same discovery rules applicable to named parties. In fact, Defendant could not have been a named defendant to the UK litigation because her allegedly defamatory statements were made after the UK action commenced.
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