Shelton v. Pavon

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The issue this case presented for the Louisiana Supreme Court's review centered on whether the court of appeal erred in reversing the trial court’s ruling granting plaintiff’s special motion to strike defendant’s reconventional demand for defamation, pursuant to La. Code Civ. Pro. art. 971 (the "anti-SLAPP" statute), where the appellate court found that plaintiff’s petition did not involve a “public issue.” Philip Shelton, M.D. married Judith Shelton in 2001. During their marriage, the couple each owned a life insurance policy that named the other as the beneficiary. At some point, Mrs. Shelton was diagnosed with cirrhosis of the liver and Hepatorenal Syndrome (as a result of alcoholism. In July 2011, Mrs. Shelton was admitted to Ochsner Baptist Medical Center for treatment and was soon discharged to Woldenberg Village, an inpatient assisted living facility. Mrs. Shelton died on December 31, 2011, at the age of 64. After Mrs. Shelton's death, Dr. Shelton learned that she had changed her beneficiary to her personal assistant/paralegal/friend, Nancy Pavon. In November 2013, Dr. Shelton filed a Petition to Nullify Change of Beneficiary, alleging Mrs. Shelton had lacked the capacity to execute a change of beneficiary form due to her poor health, including dementia, confusion, disorientation, and personality changes. Alternatively, he alleged Mrs. Shelton's signature on the change of beneficiary form was a forgery or had been obtained through undue influence by Pavon. In response, Pavon filed an answer and reconventional demand alleging Dr. Shelton's petition constituted defamation per se. Dr. Shelton filed a Special Motion to Strike pursuant to La. Code Civ. Pro. art. 971. Pavon opposed the motion, arguing that it should have been dismissed as a matter of law because Dr. Shelton’s petition to nullify did not involve a public issue. She also argued that a motion to strike was not the proper mechanism to dismiss her defamation claim. The trial court granted Dr. SHelton's special motion to strike. The Supreme Court found the court of appeal was correct in reversing the trial court’s ruling. The Supreme Court held that La. Code Civ. Pro. art. 971(F)(1)(a) required statements had to be "in furtherance of a person’s right of petition or free speech ... in connection with a public issue.” View "Shelton v. Pavon" on Justia Law