Butts v. Weiss

BLOODWORTH, Justice.

This appeal raises the question as to whether, in an action for slander based on the assertion that plaintiff was not a duly qualified and licensed attorney, plaintiff must specifically allege that he is “actively engaged in the practice of law” in order to withstand a Rule 12(b)(6) ARCP motion.

We answer in the negative and hold that, in this case, the allegations of the complaint are sufficient to show plaintiff’s profession without the need for the specific allegation. We reverse and remand.

Plaintiff’s complaint alleged, inter alia: that he is an attorney at law, having…