Roger Goodell has responded to Jonathan Vilma’s defamation suit with a Motion to Dismiss. As discussed in my last post, Goodell is targeting the hardest issue for Vilma to prove which is that Goodell’s comments were made with “actual malice”.
The motion also states “When a resolution of a state-law claim would require interpretation of a collective bargaining agreement, the claim is preempted by Section 301 of the Labor-Management Relations Act.” It then goes on to state that the Court will have to “interpret the CBA to resolve Mr. Vilma’s defamation claims.”
Goodell’s motion to dismiss is a 12(b)(6) motion for failure to state a claim upon which relief can be granted. This means that Vilma failed to plead specific facts from which the court may be able to infer that Goodell is liable for defamation.
@JonVilma51 : and we’re off…