Firm Obtains Dismissal on Merits in Employment Action for its Client GlaxoSmithKline

The Firm obtained a dismissal on the merits of a lawsuit filed against client GlaxoSmithKline alleging libel, intentional and negligent infliction of emotional distress and violation of 42 U.S.C.§ 1983 for alleged violation of the First and Fourteenth Amendment rights of the plaintiff, a former employee of GlaxoSmithKline. The Court held that the statute of limitations had run on the libel and intentional infliction of emotional distress claims, that the negligent infliction of emotional distress claim was based on privileged testimony in an affidavit filed in a prior action, and that the 1983 claim failed to state a claim because GlaxoSmithKline is not a state actor. Partners Beth L. Kaufman and David B. Gordon and Associate Jonathan E. Foust worked on and drafted the successful motion and accompanying brief. January 2009.