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Home > Spelios and Associates v. Dewalle

Spelios and Associates v. Dewalle [1]

Submitted by DMLP Staff on Thu, 06/11/2009 - 17:01

Summary

Threat Type: 

Lawsuit

Date: 

04/15/2009

Status: 

Pending

Location: 

North Carolina

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Spelios and Associates, a North Carolina dental practice, filed a lawsuit in North Carolina against a former patient, asserting that she made defamatory comments about the practice on the Charlotte News & Observer's website. In its complaint, Spelios... read full description
Parties

Party Receiving Legal Threat: 

Lorna Dewalle

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • North Carolina

Location of Party: 

  • North Carolina

Legal Counsel: 

Jessica Kelly - Kilpatrick Stockton, LLP

Legal Counsel: 

Bill Mills
Description

Spelios and Associates, a North Carolina dental practice, filed a lawsuit in North Carolina against a former patient, asserting that she made defamatory comments about the practice on the Charlotte News & Observer's website [2]. In its complaint [3], Spelios and Associates, P.A., asserts that Lorna Dewalle posted comments in March 2009 that falsely stated that plaintiff's staff "blatantly lied and misdiagnosed" her during an appointment. Compl. [3] ¶ 16.

According to the complaint and news articles [4], the dispute arose when the staff's recommended treatment of Dewalle conflicted with that of another dentist. Compl. [3] ¶ 11.  Spelios and Associates asserts that patients have canceled appointments because of Dewalle's statements.

The Charlotte News & Observer reports [5] that attorney Bill Mills is representing Dewalle pro bono. According to the newspaper, the defendant filed a motion to dismiss the complaint in May that states, "Everything said or written by the defendant was a fair comment by a consumer about a professional licensed by the state of North Carolina and therefore cannot be the basis of a claim of libel or slander." 

Related Links: 

  • The Charlotte News & Observer: Dental Firm Sues Patient for Comments [4]
  • The Charlotte News & Observer: disputed article and comments [6]
  • The Charlotte News & Observer: Troubleshooter Stories See Developments [5]
Details

Web Site(s) Involved: 

NewsObserver.com [2]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • Reviews
  • User Comments or Submissions
Court Information & Documents

Jurisdiction: 

  • North Carolina

Source of Law: 

  • North Carolina

Court Name: 

North Carolina Superior Court, Wake County

Court Type: 

State

Case Number: 

09CV007368

Relevant Documents: 

PDF icon 2009-04-15-Spelios' Complaint.PDF [7]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

Source: News Observer; Michael A. Lindenberger (via email)

CMF 6/2/09

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/spelios-and-associates-v-dewalle

Links
[1] https://www.dmlp.org/threats/spelios-and-associates-v-dewalle
[2] http://www.newsobserver.com/
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2009-04-15-Spelios%27%20Complaint.PDF
[4] http://www.newsobserver.com/news/story/1505466.html
[5] http://www.newsobserver.com/news/story/1520067.html
[6] http://www.newsobserver.com/1147/story/1461257.html
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-04-15-Spelios%27%20Complaint.PDF