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ZK Result: Attorneys Joseph Selep and Aaron Weiss Obtain Defense Win in False Light / Civil Conspiracy Lawsuit against Fraternity and Fraternity Member

(Upshur County, WV) (November 2017). Zimmer Kunz attorneys Joseph Selep and Aaron Weiss obtained a dismissal for their clients – a fraternity and fraternity member – arising out of an incident at a local university. Plaintiff, a student, had been disciplined by the university following an incident involving a lewd photograph of a female student, an in turn filed a Complaint against the university, its employees, the local chapter of the fraternity, and a number of the fraternity members.

The Complaint asserted five causes of action, including Deprivation of Procedural and Substantive Due Process (Count 1); Breach of Contract (Count 2); Depicting One in a False Light (Count 3); Breach of a Fiduciary Duty (Count 4); and Civil Conspiracy (Count 5). The counts applicable to the fraternity and its members were False Light and Civil Conspiracy.

Zimmer Kunz successfully argued a Motion to Dismiss on behalf of the fraternity that it was an unincorporated association that has not – and cannot – be sued or properly served. Furthermore, Zimmer Kunz argued that for both of its clients, the statute of limitations for False Light and Civil Conspiracy was one year, and thus had expired. After oral arguments, Judge Kurt Hall entered an Opinion and Order in favor of the fraternity and its members, dismissing them, with prejudice.