Bracken v. Matgouranis
United States Court of Appeals for the Third Circuit
296 F.3d 160 (2002)
- Written by Serena Lipski, JD
Facts
Cheryl Ann Bracken (plaintiff) was beaten nearly to death and shot by her lover and employer, Martin Matgouranis. Bracken’s attorney, H. David Rothman, sent a letter to Martin’s attorney requesting that Martin advance her money to support her while Bracken was recovering from her injuries and unable to work. The letter stated that if and when Martin appeared for sentencing for his crime, Bracken would inform the sentencing judge of his belated compassion if he sent her the money and would also inform the judge of Martin’s lack of compassion if he did not. Bracken later filed an action in state court to discover and freeze the assets of Martin and his wife, Panorea Matgouranis (defendant). During a deposition of Bracken, Panorea’s attorney, William J. Wyrick (defendant), accused Bracken and Rothman of attempting to extort money from Martin. Bracken and Rothman then filed the current suit in state court claiming defamation and intentional infliction of emotional distress and seeking an accounting and a constructive trust on Martin and Panorea’s assets. Anticipating that Panorea and Wyrick would raise the defense of absolute privilege, Bracken and Rothman’s complaint alleged that an absolute-privilege defense to their claims would violate the First Amendment of the U.S. Constitution. Panorea and Wyrick removed the case to federal court based on Bracken and Rothman’s response to an anticipatory defense. Bracken and Rothman moved to remand the case to state court, arguing that privilege was not an essential element of their claims. The district court denied their motion and later granted Panorea and Wyrick’s motion to dismiss. Bracken and Rothman appealed.
Rule of Law
Issue
Holding and Reasoning (Rosenn, J.)
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