Barrash v. Am. Ass’n of Neurological Surgeons, Inc. (Summary)

COMMERCIAL DISPARAGEMENT

Barrash v. Am. Ass’n of Neurological Surgeons, Inc., Civ. Action No. 4:13-cv-1054 (S.D. Tex. Aug. 13, 2013)

fulltextThe United States District Court for the Southern District of Texas granted an Illinois nonprofit corporation’s motion to dismiss an association member’s claims of tortious interference with prospective business relations and economic advantage and breach of the corporation’s bylaws, finding that the member failed to allege falsity or malice, elements which are necessary to satisfy a commercial disparagement claim, when the corporation published the member’s notice of censure for violating the corporation’s Rules on Expert Opinion Services on its website.

Also, the court dismissed the member’s breach of contract claim because, based on Texas law, judicial intervention was inappropriate when dealing with the internal affairs of a private association and members of the association subject themselves, within legal limits, to the association’s power to administer and make rules.

Follow-up opinion: 

Barrash v. Am. Ass’n of Neurological Surgeons, Inc., No. 4:13-cv-1054 (S.D. Tex. Jan. 31, 2014), in which the United States District Court for the Southern District of Texas granted in part and denied in part the Defendant’s motion to dismiss Counts I and II of the Plaintiff’s Amended Complaint.