Plaintiff, who had been terminated from his position as assistant commissioner for the Department of Health, filed a complaint against the State, alleging a claim under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. In his second amended complaint, plaintiff asserted a defamation claim against Governor Philip D. Murphy. A Law Division judge granted defendants' motion to dismiss the defamation claim, concluding plaintiff had not pleaded the element of actual malice with sufficient specificity.
In his fourth amended complaint, plaintiff again asserted a defamation claim against Governor Murphy, referencing in particular statements made during May 29, 2020 and June 1, 2020 press briefings. Defendants moved to dismiss the defamation claim pursuant to Rule 4:6-2(e). The judge denied the motion, concluding plaintiff had pleaded sufficient facts in the fourth amended complaint to demonstrate actual malice.
The court reversed, concluding the judge had misapplied the actual-malice standard. After conducting a de novo review, the court held plaintiff's conclusory allegations did not meet the actual-malice standard and, as a result, plaintiff's defamation claim failed. Reversing the denial of defendants' motion to dismiss, the court remanded the case with a direction that the judge enter an order dismissing the defamation claim.