Pompa v. Swanson
990 N.E.2d 314
Ill. App. Ct.2013Background
- Pompa appeals after Kane County circuit court dismissed with prejudice his two-count amended complaint against Swanson.
- Pompa worked for Carpenters Union 839 (1979–2010), serving as financial secretary (five terms) and later as business manager; had a solid reputation.
- Swanson, former union president, disliked Pompa and expressed this to Pompa and others.
- In 2009 Swanson circulated a flyer alleging Pompa was paid based on 80 hours per month, misleadingly implying overcompensation.
- Around Sept. 30, 2010 Pompa planned retirement; unions routinely granted substantial retirement gifts to full-time employees.
- At an Oct. 8, 2010 executive board meeting, Swanson stated Pompa was not deserving of a retirement gift; the board voted not to give a gift.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defamation per se based on two statements | Pompa argues statements imputed incompetence and lack of integrity. | Statements were opinions or were capable of innocent construction in context. | Defamation per se not established; statements treated as nonactionable opinion or privilege. |
| Intentional interference with a prospective retirement gift | Swanson’s statements interfered with Pompa’s reasonable expectation of a retirement gift. | No Illinois authority extends this tort to retirement gifts; expectancy was not reasonable. | Tort not recognized for retirement gifts; dismissal proper. |
Key Cases Cited
- Green v. Rogers, 234 Ill. 2d 478 (2009) (section 2-615 standard and de novo review for dismissal; defamation elements)
- Solaia Technology, LLC v. Specialty Publishing Co., 221 Ill. 2d 558 (2006) (innocent-construction rule for defamation; opinion vs. fact analysis)
- Naleway v. Agnich, 386 Ill. App. 3d 635 (2008) (qualifed privilege governs communications; malice standard to overcome)
- Sullivan v. Conway, 157 F.3d 1092 (1998) (seventh circuit on union meeting qualified privilege authority)
- Nemeth v. Banhalmi, 99 Ill. App. 3d 493 (1981) (extension of prospective-economic-advantage tort to bequest context; distinction on expectancy)