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Summary judgment on defamation counterclaim denied as issues were inextricably linked to the main action.
The moving party, a former employee, brought a motion for summary judgment on his counterclaim for defamation against his former employer.
The former employer had sued him for breach of fiduciary duty and misappropriation of proprietary information, and the employee counterclaimed based on emails sent by the employer to his new workplace.
The court dismissed the motion, finding that the truth or falsity of the allegedly defamatory statements was intimately bound up with the main claim, requiring a full trial to resolve credibility issues.
