Re:Ex-Google workers sue company, saying it betrayed 'Don't ...
by jcranmer on Monday November 29, 2021 @07:51PM
(#29387424)
> Not sure why you say that; while obviously the facts require trial the slander/false light charge seems to make all the necessary claims to establish the tort.
Defamation generally is a difficult charge to prove, although I doubt that the plaintiffs qualify as a public figure which makes actual malice (the most difficult element) irrelevant. I don't have a strong sense of how much of the elements of defamation are necessary in the pleading stage, especially the degree to which a pleading statement is fact versus conclusory allegation. In particular, paragraph 49 seems rather conclusory on the nature of damages actually suffered to reputation.
In that sense, if the allegation is deficient in the complaint, it's deficient in a way that an amended complaint would easily fix.
No such count exists in the complaint! There is a component of Count V of that type but Count V can stand without it.
That said, the other bits in Count V are also fairly weak, though the sex/orientation/identity one is the weakest.
> one (slander) might survive if amended,
Not sure why you say that; while obviously the facts require trial the slander/false light charge seems to make all the necessary claims to establish the tort.