David Robertson et al. v. Ryan Upchurch

Summary

The United States District Court for the Middle District of Tennessee denied Defendant Ryan Upchurch’s pretrial motion seeking application of Tennessee procedural law to California substantive law and related rulings concerning defamation and emotional-distress claims. The court reserved the choice-of-law issue, held that the statute-of-limitations defense was waived because it was not timely pleaded or raised, and declined to decide other dispositive issues on the eve of trial.

Holdings

1. The issue was premature, and the court reserved ruling on which substantive law applies and whether the statements should be treated as slander until the proof is presented at trial and the jury charge conference.
2. Defendant waived the statute-of-limitations defense by failing to raise it in his Answer or Proposed Joint Pretrial Order and by waiting until the eve of trial to assert it.
3. The court declined to decide the proposed dispositive challenges on the eve of trial and would address the issues if necessary during trial.

Questions Presented

1. Whether the court should determine before trial that Plaintiffs' claims are slander rather than libel and decide which California substantive law applies.
2. Whether Defendant waived a statute-of-limitations defense by failing to plead it in his Answer, failing to include it in the Proposed Joint Pretrial Order, and raising it only on the eve of trial.
3. Whether the court should decide on the eve of trial Defendant's challenges to Plaintiffs' false light invasion of privacy, intentional infliction of emotional distress, and negligent infliction of emotional distress claims.

Disposition

other