Thursday, August 6th, 2009...1:25 pm
DAlaska: Burgess Dismisses Defamation and Discrimination Claims
U. S. District Judge Timothy Burgess has dismissed potato scientist Jennifer Huang McBeath’s claims against the University of Alaska and a university department chair.
McBeath claimed that her departmental chair defamed her (under Alaska state law) by telling third parties (including public officials) that McBeath’s involvement in marketing Alaska potatoes posed a conflict of interest with regard to her research on virus-free potatoes. McBeath also claimed that the University violated Title VII (sex and national origin) by reducing her research funding and other assistance.
Burgess dismissed the defamation claim on the basis of official immunity, finding that McBeath had failed to produce any evidence of bad faith.
Burgess dismissed all but one of the instances of alleged discrimination, finding that McBeath had failed to make a prima facie case. On the remaining instance, Burgess found that McBeath had failed to rebut the university’s proof that an external funding agency (federal Agriculture Department) had cut off McBeath’s funding for failure to file timely reports.
McBeath v. University of Alaska, 3:08-cv-00008 (D.Alaska Order of Aug. 5, 2009)
Joe Josephson represents plaintiff. Mark Ashburn and Dani Crosby represent the defendants. All counsel practice in Anchorage.
Leave a Reply
You must be logged in to post a comment.