Bierman v. Weier

After Scott Weier (defendant) divorced, he wrote a book about his experience. Scott used the services of a publisher, Author Solutions, Inc. (ASI) (defendant), to publish 250 copies, of which he distributed between 20 and 30 copies. Without stating names, Scott’s book alleged that his ex-wife, Beth Weier (plaintiff), had been sexually molested by her father, Gail Bierman (plaintiff), and suffered from bipolar disorder. Bierman and Beth sued Scott and ASI for various claims, including libel per se, and moved successfully for partial summary judgment for a determination that some statements in Scott’s book constituted libel per se. Neither Bierman nor Beth submitted evidence of reputational harm. ASI moved for dismissal on various grounds, including its status as a media defendant, which eliminated a presumption that certain elements of a plaintiff’s claim for libel were met. However, a district court determined that ASI was not a media defendant. Scott also sought summary judgment without success. The Iowa Supreme Court (the court) allowed Scott and ASI to file an interlocutory appeal and stayed the proceedings while the appeal was pending. On appeal, ASI argued that Bierman and Beth had failed to show an injury in the form of reputational harm. Scott argued that his speech was on an issue of public concern, which the court found meritless. Also, Scott argued that Bierman and Beth were not able to demonstrate a prima facie case for defamation, including a showing that the subject statements were about them, because they were not named.