Civil Procedure Keyed to Subrin
David P. Hoult v. Jennifer Hoult
Defendant brought a set of claims against her father for assault and battery, intentional infliction of emotional distress and breach of fiduciary duty. The claims stem from assertion by Defendant that Plaintiff raped her as a child. Defendant won at trial, and subsequent appeals were dismissed. Defendant then sent several letters to professional associations that discussed her rape, and Plaintiff then brought this defamatory action. Defendant sought to dismiss the claim because it is an attempt to relitigate the rape accusations, and this was settled in the prior trial. Plaintiff claimed that the jury in the prior trial may have awarded Defendant judgment for reasons other than the rape, such as simple assault.
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