DeNardo v. Bax

Introduction. I respectfully dissent. The court affirms Bax's summary judgment because it concludes that DeNardo did not demonstrate the presence of a genuine issue of material fact about whether Bax abused the conditional privilege that attached to the statements she made to coworkers.1 I agree that Bax made out a prima facie showing that her statements were conditionally privileged because they ostensibly addressed workplace or (perhaps) mutual safety.2 But this simply means that we must decide whether, as DeNardo argued below and argues here, there are genuine factual disputes about…