Schneider Nat. v. Ellis CA4/3

FACTS & PROCEDURE

The Complaint On April 30, 2009, Schneider and Ames filed a complaint against Ellis alleging causes of action on behalf of Schneider for libel and service mark infringement, and a cause of action on behalf of Ames (who was employed by Schneider as a “Driver Business Leader”) for unlawful recording of telephone communications. The libel cause of action alleged Ellis had been employed by Schneider as a truck driver but was fired in January 2009. Schneider alleged that commencing at the end of January 2009, Ellis began posting “scurrilous written material on the [I]nternet” falsely accusing Schneider and its employees of all sorts of nefarious conduct including “falsely imprisoning Ellis; intentionally assaulting and battering Ellis; and, wrongfully discharging Ellis.” (Original capitalization omitted.) He posted an article on the Internet titled “Schneider’s Unlawful Imprisonment of Blacks.” Ellis also placed Internet postings accusing Schneider of violating safety laws and employing selective pay practices. He accused Schneider of receiving government subsidies to train truck drivers but then not providing that training and thus defrauding the taxpayers. Ellis…