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Case No. 19-1408

For summaries from opinions prior to August, 2018, view PDF versions here

Andrew Duyvejonck
v.
Debra Clydesdale

Appellant

Andrew Duyvejonck

Appellee

Debra Clydesdale

Attorneys for Appellant

Michael J. McCarthy

Attorneys for Appellee

Robert V.P. Waterman Jr. and Alexander C. Barnett

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1408
Date Published:
Jun 17, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (12 pages)

            Andrew Duyvejonck appeals the district court’s summary judgment ruling concluding a statement allegedly made by Debra Clydesdale about Duyvejonck was an expression of opinion and not defamation per se.  OPINION HOLDS: Given the circumstances and context in which the alleged statement was made, we agree with the district court that the statement made by Clydesdale constituted protected non-actionable opinion speech.  Thus, Duyvejonck cannot establish a prima facie case of defamation and his claim fails as a matter of law.  So we affirm the district court’s ruling granting summary judgment for Clydesdale.

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