2018 Ohio 3526
Ohio Ct. App.2018Background
- On July 18, 2014, the Medina Gazette published an article reporting that former client Amanda France had sued attorney Natalie Grubb, alleging fraud, breach of duty, and mortgage fraud; the article quoted statements from France’s complaint and her attorney.
- Grubb sued the Medina Gazette (and others) in December 2016 asserting defamation per se and tortious interference with a business relationship; Grubb’s amended complaint incorporated the Gazette article and the France complaint as exhibits.
- The Gazette moved to dismiss under Civ.R. 12(B)(6); the trial court granted dismissal, finding Grubb failed to state claims.
- On appeal, Grubb argued (1) the article was defamatory per se because it falsely accused her of mortgage fraud and other misconduct, and (2) the Gazette tortiously interfered with an ongoing business relationship with John France.
- The appellate court reviewed the 12(B)(6) dismissal de novo, examined the complaint and incorporated exhibits, and concluded the article merely reported allegations (not asserted them as true) and that the alleged client relationship had ended before publication.
- The court affirmed dismissal of both the defamation and tortious interference claims and overruled all assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Gazette’s article stated a false fact actionable as libel per se | Grubb: article falsely accused her (including mortgage fraud) and was published negligently without verification | Gazette: article accurately reported allegations from France’s complaint and statements by counsel; it did not assert those allegations as facts | Held: Dismissed — article reported allegations/quotes and did not make verifiably false factual assertions of mortgage fraud; no libel per se pleaded |
| Whether Grubb alleged required elements of defamation (falsity, publication, injury, fault) | Grubb: pleaded falsity, harm to reputation, negligence in publication | Gazette: incorporated exhibits show the article’s statements were true as reports of a filed complaint and statements by counsel | Held: Dismissed — plaintiff failed to plead a false statement of fact required for defamation |
| Whether the Gazette tortiously interfered with a business relationship with John France | Grubb: Gazette’s publication caused Mr. France to cease doing business with Grubb | Gazette: complaint and exhibits show the attorney-client relationship ended (withdrawal) over a year before publication | Held: Dismissed — plaintiff failed to plead existence of an ongoing business relationship and causation |
| Whether trial court misapplied 12(B)(6) standard | Grubb: court improperly considered incorporated materials or went beyond complaint | Gazette: relied on incorporated exhibits properly considered on 12(B)(6) | Held: Overruled — appellate court applied proper 12(B)(6) de novo standard and considered exhibits incorporated into complaint |
Key Cases Cited
- Perrysburg Twp. v. City of Rossford, 103 Ohio St.3d 79 (explaining de novo review of Civ.R. 12(B)(6) dismissal)
- Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (courts must presume truth of complaint allegations and draw inferences in nonmoving party’s favor)
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (dismissal proper only if plaintiff can prove no set of facts entitling recovery)
- Am. Chem. Soc. v. Leadscope, Inc., 133 Ohio St.3d 366 (elements of defamation and court’s role deciding whether statements are actionable)
- Gosden v. Louis, 116 Ohio App.3d 195 (definition of libel per se: statements that injure trade or expose to ridicule, hatred, or contempt)