Posts tagged "1018915"

Scholz, et al. v. Delp; Scholz v. Boston Herald, Inc., et al. (Lawyers Weekly No. 10-189-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   SJC-11511 SJC-11621   DONALD THOMAS SCHOLZ & another[1]  vs.  MICKI DELP. DONALD THOMAS SCHOLZ  vs.  BOSTON HERALD, INC., & others.[2]       Suffolk.     November 4, 2014. – November 25, 2015.   Present:  Spina, Botsford, Duffly, & Lenk, JJ.       Libel and Slander.  Practice, Civil, Summary judgment, Costs.       Civil action commenced in the Superior Court Department on October 12, 2007.   The case was heard by John C. Cratsley, J., on a motion for summary judgment.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.   Civil action commenced in the Superior Court Department on March 11, 2010.   The case was heard by Frances A. McIntyre, J., on a motion for summary judgment, and a motion for costs was heard by her.   The Supreme Judicial Court granted an application for direct appellate review. Nicholas B. Carter (Edward Foye & Seth J. Robbins with him) for the plaintiffs. Kathy B. Weinman for Micki Delp. Jeffrey S. Robbins for Boston Herald, Inc. Bruce D. Brown & Gregg P. Leslie, of the District of Columbia, & Cynthia A. Gierhart, of New York, for Reporters Committee for Freedom of the Press & others, amici curiae, submitted a brief.     DUFFLY, J.  In the mid-1970s, Donald Thomas Scholz, a musician, composer, recording engineer, and record producer, founded the rock band “Boston.”  After many years playing in the band, Brad Delp, who was its lead singer, committed suicide on March 9, 2007.  The Boston Herald, Inc., published three stories regarding Brad’s suicide, written by columnists Gayle Fee and Laura Raposa, who relied on information from Brad’s former wife, Micki Delp,[3] and various unnamed “insiders” and “friends.”  Scholz filed an action for defamation in the Superior Court against Micki, arguing that the statements made by her and reported in the newspaper articles insinuated that Scholz was responsible for Brad’s suicide.  Scholz later brought an action in the Superior Court for defamation and intentional infliction of emotional distress against the Boston Herald, Inc., and its two columnists (collectively, the Herald), based on the same statements as reported in the three articles. The two cases were consolidated in the Superior Court after Micki had filed a motion for summary judgment.  In August, 2011, a Superior Court judge allowed Micki’s motion, Scholz appealed, and the […]


Posted by Massachusetts Legal Resources - November 25, 2015 at 6:17 pm

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