William Gordon Clyatt v. Grady Electric Membership Corporation
348 Ga. App. 40
Ga. Ct. App.2018Background
- Grady Electric Membership Corporation (Grady EMC) is a nonprofit utility with ~13,000 members. In 2014 members, led by William Clyatt, challenged management decisions by then-president Thomas Rosser, Sr. and others.
- The 2014 suit was settled by consent in May 2016; the settlement required Rosser to resign and created a special committee to investigate management issues.
- Months after dismissal, Rosser sued Clyatt, other Take Back Our Grady EMC members, a business whose Facebook page published statements, and the local newspaper for defamation. Defendants moved to strike under Georgia’s anti‑SLAPP statute, OCGA § 9-11-11.1.
- The trial court granted the anti‑SLAPP motions and struck Rosser’s complaint; Rosser appealed (A18A0843). The Court of Appeals affirmed, holding the statute applied and Rosser failed to show a probability of success.
- Separately, Grady EMC sued Clyatt seeking to enjoin publication of certain documents from the 2014 litigation. The trial court entered a narrow injunction based on Clyatt’s courtroom stipulation; Clyatt appealed (A18A0987). The Court of Appeals reversed the permanent injunction for lack of evidence of imminent, irreparable harm, but left other rulings intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 9-11-11.1 (anti‑SLAPP) applies to defendants’ statements | Rosser: statements were not in connection with an issue of public concern because the underlying suit had been settled | Defendants: statements concerned Grady EMC management and upcoming board elections, a matter of public concern | Statute applies; defendants made prima facie showing statements were in furtherance of petition/speech on public concern |
| Whether Rosser showed a probability of prevailing on his defamation claims | Rosser: statements were false and actionable, not protected opinion; trial court failed to assess probability | Defendants: many statements are nonactionable opinion; Rosser is a limited‑purpose public figure and cannot show actual malice by clear and convincing evidence | Rosser failed to show probability of success; anti‑SLAPP motions properly granted |
| Whether Rosser is a limited‑purpose public figure for this controversy | Rosser: not a public figure after resignation; controversy ended with settlement | Defendants: controversy over management pre‑existed and survived settlement; Rosser actively participated and sought to influence public opinion/election | Rosser is a limited‑purpose public figure as to management/election issues |
| Whether permanent injunction against Clyatt re: document disclosure was proper | Grady EMC: needed to prevent disclosure of private identifying information; Clyatt had agreed not to publish such data | Clyatt: no imminent irreparable harm; injunction enforces a voluntary courtroom promise and was unnecessary | Court reversed injunction for lack of evidence of imminent, irreparable injury; other rulings affirmed or moot as appropriate |
Key Cases Cited
- Walker v. Oglethorpe Power Corp., 341 Ga. App. 647 (discussing EMC status as member‑owned utilities)
- Sawnee Electric Membership Corp. v. Georgia Public Service Comm’n, 273 Ga. 702 (scope of EMC service rights)
- Neff v. McGee, 346 Ga. App. 522 (explaining 2016 revisions to Georgia’s anti‑SLAPP statute)
- Crane Composites v. Wayne Farms, LLC, 296 Ga. 271 (retroactivity principles for procedural statutes applied to litigation)
- Cottrell v. Smith, 299 Ga. 517 (framework for limited‑purpose public‑figure analysis)
- Ladner v. New World Communications of Atlanta, 343 Ga. App. 449 (public controversy test for public‑figure status)
- Webster v. Wilkins, 217 Ga. App. 194 (distinguishing nonactionable opinion from provable factual assertions)
- Williams v. Trust Co., 140 Ga. App. 49 (actual malice standard for public figures)