Joseph A. Sacher, Robin Taylor Symons, and Marie H. Kim of the Miami office obtained summary judgment and final judgment in an alleged cyber defamation and fraud action filed in the U.S. District Court for the Southern District of Florida against their clients, a prominent medical provider, his medical practice, and related businesses.
The plaintiffs, a Miami-based medical provider and his practice, claimed that the defendants purportedly orchestrated a fraudulent scheme to defame them by hiring actors to allegedly post false and defamatory patient reviews and related statements about them throughout the internet, including a number of social media platforms. The plaintiff filed a seven-count complaint seeking millions of dollars in damages and specifically alleging claims involving tortious interference with advantageous business relationships; defamation and slander; libel per se; fraud; negligence; claim for permanent injunction; and punitive damages.
On the eve of trial, the court granted defendants’ summary judgment motion on all seven counts of plaintiffs’ complaint. The court noted that reasonable minds could not infer from the facts that defendants caused the negative reviews to be posted and that a finding to the contrary would be pure speculation which “does not create a genuine issue of fact; instead, it creates a false issue, the demolition of which is a primary goal of summary judgment.” The firm's Miami team was able to demonstrate that all of plaintiffs’ claims failed due to a lack of any direct evidence and reliance on inadmissible hearsay.
Sacher is a partner in the firm’s Miami office and is a member of the Securities Litigation, Commercial Litigation, Appellate, Government Regulatory & Administrative Law, and Banking & Finance practice groups. He has extensive litigation, trial, and appellate experience in high-stakes complex commercial litigation in State and Federal courts.
Kim is an Associate in the firm’s Miami office and is member of the Employment Law, Commercial Litigation, Insurance, Appellate, and Professional Liability practice groups. Prior to joining the firm, she worked for nearly a decade for a number of federal judges in the Southern District of Florida and the Northern District of Texas.
Symons is a co-managing partner of the firm’s Miami and Tampa offices and focuses her practice on employment practices liability, directors and officers liability, and complex insurance coverage litigation across all lines of insurance.