Deconstructing A Business-Related Defamation of Character Lawsuit
Case study: Resigned CFO v. Remaining Executives
Walgreen Co.’s former Chief Financial Officer, Wade Miquelon, filed a libel lawsuit against the pharmacy conglomerate. Miquelon insists both Walgreen’s CEO and top shareholder illegally besmirched his character via a pair of Wall Street Journal articles and a handful of emails.
Can Miquelon win this business-related defamation lawsuit? Let’s review the case.
Case Study: Walgreen’s CFO v. Walgreen’s
Things Were Already Tense At The Office
According to Miquelon, the seed of this corporate defamation saga took root last year. A beleaguered entity, at the time, Walgreen was stuck between a tax-inversion inconvenience and activist …show more content…
He cited family and further opportunities as reasons for departure. Regardless of truth, the search was on for a scapegoat -- and Miquelon’s leaving provided a convenient, public fall guy for extant Walgreen executives.
Executives’ Disparaging Comments Published In The WSJ
Cue a pair of Wall Street Journal articles quoting Walgreen CEO, Gregory Wasson, and the company’s largest shareholder, Stefano Pessina, as holding Miquelon “personally responsible” for the $1 billion mistake. Supposedly during this time, Walgreen executives were also regaling investors with disparaging tales of ex-CFO Miquelon.
Frustrated by the finger pointing – and worried it might affect future employment opportunities – Miquelon filed a defamation of character lawsuit against Walgreen Co. – specifically Wasson and Pessina.
Miquelon’s Business-Related Defamation of Character Lawsuit Claims: Truth & Financial Disclsoures
Miquelon swears he warned Walgreen brass of impending financial disquiet; he urged them to “publicly report the truth.” Perhaps even more damning, in the suit, Miquelon also suggests that Wesson and Pessina urged him to “tamper with the earnings …show more content…
To win a defamation lawsuit in the U.S., plaintiffs must prove at least the following:
1) The defendant made a false, unprivileged statement of fact about the plaintiff;
2) The statement caused either reputational or material harm to the plaintiff; and
3) The defendant acted either negligently or with actual malice.
To wit, in this case, Miquelon must prove:
1) He was not responsible for Walgreen’s financial predicament. He’s already started building this argument by including praising messages from Wesson and Pessina in the initial claim. But in order to win, Miquelon needs more.
2) As for proving harm or loss, Miquelon’s lawyer elaborated:
“The unanswered articles have had the inevitable negative impact on Miquelon…Miquelon has gone from being a 49-year-old former CFO of a Fortune 30 company … who had Chief Operating Officer ... and CFO opportunities in the marketplace, to being a man with no such options and no recourse other than this lawsuit.”
Can Walgreen Co. Get The Records Sealed To Prevent Proceedings From Affecting Current Business
Case study: Resigned CFO v. Remaining Executives
Walgreen Co.’s former Chief Financial Officer, Wade Miquelon, filed a libel lawsuit against the pharmacy conglomerate. Miquelon insists both Walgreen’s CEO and top shareholder illegally besmirched his character via a pair of Wall Street Journal articles and a handful of emails.
Can Miquelon win this business-related defamation lawsuit? Let’s review the case.
Case Study: Walgreen’s CFO v. Walgreen’s
Things Were Already Tense At The Office
According to Miquelon, the seed of this corporate defamation saga took root last year. A beleaguered entity, at the time, Walgreen was stuck between a tax-inversion inconvenience and activist …show more content…
He cited family and further opportunities as reasons for departure. Regardless of truth, the search was on for a scapegoat -- and Miquelon’s leaving provided a convenient, public fall guy for extant Walgreen executives.
Executives’ Disparaging Comments Published In The WSJ
Cue a pair of Wall Street Journal articles quoting Walgreen CEO, Gregory Wasson, and the company’s largest shareholder, Stefano Pessina, as holding Miquelon “personally responsible” for the $1 billion mistake. Supposedly during this time, Walgreen executives were also regaling investors with disparaging tales of ex-CFO Miquelon.
Frustrated by the finger pointing – and worried it might affect future employment opportunities – Miquelon filed a defamation of character lawsuit against Walgreen Co. – specifically Wasson and Pessina.
Miquelon’s Business-Related Defamation of Character Lawsuit Claims: Truth & Financial Disclsoures
Miquelon swears he warned Walgreen brass of impending financial disquiet; he urged them to “publicly report the truth.” Perhaps even more damning, in the suit, Miquelon also suggests that Wesson and Pessina urged him to “tamper with the earnings …show more content…
To win a defamation lawsuit in the U.S., plaintiffs must prove at least the following:
1) The defendant made a false, unprivileged statement of fact about the plaintiff;
2) The statement caused either reputational or material harm to the plaintiff; and
3) The defendant acted either negligently or with actual malice.
To wit, in this case, Miquelon must prove:
1) He was not responsible for Walgreen’s financial predicament. He’s already started building this argument by including praising messages from Wesson and Pessina in the initial claim. But in order to win, Miquelon needs more.
2) As for proving harm or loss, Miquelon’s lawyer elaborated:
“The unanswered articles have had the inevitable negative impact on Miquelon…Miquelon has gone from being a 49-year-old former CFO of a Fortune 30 company … who had Chief Operating Officer ... and CFO opportunities in the marketplace, to being a man with no such options and no recourse other than this lawsuit.”
Can Walgreen Co. Get The Records Sealed To Prevent Proceedings From Affecting Current Business