Monday, November 27, 2017

Federal Appeals Court Affirms Dismissal of W3JY's Suit Against ARRL

The U.S. Court of Appeals for the Third Circuit has upheld a District Court ruling that threw out a
The Third Circuit US Court of Appeals courtroom in
Philadelphia (US Courts photo)
lawsuit against the ARRL by Joe Ames, W3JY, the former Eastern Area Manager for the National Traffic System and former Eastern Pennsylvania Section Manager. Ames had sued the League for defamation after it removed him from his NTS post for allegedly making commitments on behalf of the ARRL's message-handling system to the Federal Emergency Management Agency (FEMA) without authorization, and posted an article explaining the action on its website. 

According to "Law360," a federal judge dismissed Ames's suit last summer on the basis that the statements in the article were "true on their face." Ames appealed and the third circuit agreed with the district court judge in November, noting that "(t)ruth is an affirmative defense to a defamation claim under Pennsylvania law."