Joe Shields, a partner in TTH’s Wilkes-Barre office, and Taryn Vender, an associate in that same office, recently won the dismissal of an action filed in the Luzerne County Court of Common Pleas.  Attorneys Shields and Vender represented a well-known, large national retailer in an action filed by a mother and her adult son.  The Plaintiffs had claimed defamation and intentional infliction of emotional distress.

Despite failing to survive the pleading stages, the matter had a long procedural history.  Preliminary Objections were filed in response to Plaintiffs’ Original Complaint, which sounded solely in defamation.  The Preliminary Objections were sustained and the Complaint was dismissed, but the Plaintiffs were given the opportunity to file an Amended Complaint.  Following the issuance of pre-complaint discovery, a Motion to Compel responses thereto, and a Motion for a Protective Order, a very limited amount of discovery was permitted prior to the filing of Plaintiffs’ Amended Complaint.  Therein, besides claiming defamation, the Plaintiffs made a claim for intentional infliction of emotional distress due to Defendant’s revocation of a store club membership, and it s alleged failure to provide justification for the revocation.

In a new set of Preliminary Objections, Attorneys Shields and Vender again argued that Plaintiffs did not meet the strict pleading requirements for a claim of defamation.  They further argued that the revocation of a private club membership has never been deemed so outrageous in character as to be regarded as atrocious and utterly intolerable in civilized society, as would be required for a claim of intentional infliction of emotional distress.  In an Opinion and Order disposing of the Preliminary Objections, the Court agreed with their arguments, dismissing Plaintiffs’ Amended Complaint, with prejudice.

Questions about this case can be directed to Joe Shields at 570.825.7227 or jshields@tthlaw.com, or to Taryn Vender at 570.825.4794 or tvender@tthlaw.com.