Peter M. Moore

Kathryn Grace (Partner-Virginia) and Peter Moore (Partner-Virginia) obtained dismissal of a defamation claim and summary judgment of a claim of common law conspiracy in a case in which the plaintiff sought $2.7 million in damages against our client. After more than four years of litigation, Kathryn and Peter moved for summary judgment on the grounds that (1) the co-defendant admitted that our client took no part in the creation or publication of any allegedly defamatory content to a website, which was the sole basis for the plaintiff’s defamation claim, (2) the plaintiff failed to plead an actionable underlying tort upon which his claim for common law conspiracy might rest and (3) that the plaintiff could not establish the existence of any damages as a result of the alleged conspiracy. The motion resulted in the plaintiff dismissing the defamation claim with prejudice, and after oral argument the court granted summary judgment as to the common law conspiracy claim. The Supreme Court of Virginia refused plaintiff’s petition for appeal.