In The News

Case Dismissed

2/2/2005

In 2002, a Charleston law firm sued a local car dealership for allegedly committing fraudulent acts in the sale of automobiles. During the course of discovery, the law firm contacted a number of people who had purchased automobiles from the company. In response, the auto dealerships sued the law firm and its individual partners personally, claiming tortuous interference with business relationships.

On February 2, 2005, the Circuit Court of Kanawha County dismissed the case of C&O Motors, Inc. et al. v. Bell & Bands, PLLC, et al., Civil Action No. 03-C-1853, after Mike Callaghan, John Cecil, and John Tinney argued that the law firm's conduct was protected "commercial speech" under the First Amendment.

The Court, adopting the arguments set forth by Callaghan and Cecil, found the conduct to be protected commercial speech; that the protected speech could not be the basis for tortuous interference claims and; therefore, the dealership's Complaint failed to state a claim.

The law firm's counterclaims remain pending.