Thasha A. Boydv.Disabled American Veterans Et Al.
Thasha Boyd alleged that a Disabled American Veterans employee falsely accused her of sexual harassment and helped cause the termination of her Department of Veterans Affairs employment. She sued the employee and the organization for defamation. The superior court dismissed the complaint, reasoning in part that the intracorporate privilege applied because the alleged speakers worked in the same Atlanta veterans-benefits offices. The Court of Appeals reversed and remanded. The court held that the complaint alleged that Boyd worked for the Department while the accused employee worked for Disabled American Veterans, so the pleadings did not establish that they shared the required employment relationship for the privilege. The complaint also alleged that the employee’s supervisor may have directed or authorized the statements, which was enough at the pleading stage to avoid dismissal of the organization. Georgia’s notice-pleading rule required dismissal only if the allegations showed with certainty that Boyd could prove no facts supporting relief. The court did not decide whether the allegations would ultimately succeed, but held that Boyd was entitled to proceed beyond the motion-to-dismiss stage.
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