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JUDICIAL UPDATES College Defeats Former Football Coach’s Claims of Wrongful Termination and Defamation In 2003, Kevin McGarry was terminated by the University of San Diego (“USD”) as its head football coach. Two days later, the San Diego Union-Tribune ran an article on his termination. McGarry subsequently filed a lawsuit against USD and others for employment termination and defamation. His defamation claim referred to the newspaper article and statements made by a university official to parents of members of the football team. All of the defendants filed motions to strike the lawsuit pursuant to California Code of Civil Procedure section 425.16, also referred to as the anti-SLAPP statute (strategic lawsuit against public participation). The trial court ultimately granted the defendants’ anti-SLAPP motions, and dismissed the defamation claim. On appeal, McGarry argued that the anti-SLAPP law was inapplicable because the newspaper article and statements to the parents did not qualify as protected speech under the anti-SLAPP statute. The anti-SLAPP law applies to causes of action that involve the right to petition and free speech in connection with public issues. The appellate court disagreed, finding that McGarry’s role as head coach of the university’s football team made him a public figure and his employment termination was a topic of widespread public interest. The appellate court also found that McGarry did not have a reasonable probability of prevailing on his defamation claim. (McGarry v. University of San Diego, California Court of Appeal Case Number D048103; August 15, 2007.)
If you would like to discuss these or
any other employment law matters, please do not hesitate to contact any
member of Klinedinst's Employment
Law Department.
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