Appeals on Wheels stops at Indiana Wesleyan for arguments in defamation case
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The Indiana Court of Appeals will travel to Indiana Wesleyan University to hear oral arguments on a case involving an excavation company that allegedly defamed members of a local engineering union.
Chief Judge Robert Altice Jr., Judge Cale Bradford, and Judge Dana Kenworthy will hear the Nov. 21 arguments beginning at 11 a.m. in the Phillipe Performing Arts Center on the Indiana Wesleyan campus.
Those unable to attend can watch it online.
According to court documents, in 2017, members of the Local 150 chapter of the International Union of Operating Engineers were picketing at Davis & Sons Excavation LLC in Valparaiso, which included the display of an inflatable rat named Scabby. The company, owned by Marc Davis, then posted a sign accusing union members of stalking Davis’ wife and children.
The union filed a lawsuit alleging defamation. But the company asked a judge to rule in its favor without a trial, asserting the truth is a defense to a claim of defamation.
Patrick B. McEuen, attorney for the excavating company, sent a statement to the Indiana Lawyer via email saying that the family of Marc Davis, who owns the company, is grateful the court agreed to hear the case.
“There are many ways for the Court of Appeals to affirm Marc Davis’ free speech rights, including by ruling that Marc Davis’ sign does not include ‘objectively verifiable statements of fact’ regarding any of the named union employees alleging defamation,” McEuen said. “At the end of the day, we are confident the court will carefully weigh the free speech rights of all the parties, and Marc Davis will be vindicated. A small business owner should never be concerned that he or she cannot speak freely and truthfully, in the midst of concerted activity by a union.”
Attorneys for the union did not respond to Indiana Lawyer’s request for comment before Friday’s deadline.
The original complaint, filed in October 2017 in Porter Superior Court, said that for at least two months, members of the union had been blocking the ingress and egress lanes to the entrance of the excavating company while picketing.
The plaintiffs argued that in addition to the union members following the Davis family, the union’s picketing was dangerous because it blocked the lanes and the visibility of drivers turning onto the nearby highway from the Davis property.
According to the lawsuit, the union’s actions were “all taken with an intent to harass these individuals and not engage in legitimate protest as allowed by the 1st amendment to the U.S. Constitution.”
The appellate court will hear arguments on whether the trial court erred in ruling on several motions in the case.