Legal Opinion · Concurring in part, dissenting in part

Balletta v. Spadoni

Commonwealth Court of Pennsylvania

Decided June 14, 2012Published

1Concurring in part, dissenting in part

CONCURRING/DISSENTING

OPINION BY

Judge McCULLOUGH.

I concur in the Majority’s decision to affirm the dismissal of the complaint against Mr. Spadoni, both individually and in his official capacity, as well as the Northampton County Solicitor, the Northampton County Sheriffs office, and Mr. Ruberry in his official capacity as well. However, I dissent as to the Majority’s decision to affirm the trial court’s dismissal of the defamation claim against Mr. Ru-berry individually on the basis of a demurrer as it is premature to conclude that, as a matter of law, certain of his statements cannot support…

2Cases cited2 opinions

  1. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  2. County Commissioners Ass'n v. DingesCommonwealth Court of Pennsylvania · 2007

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