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Tuesday, April 16, 2024
The Observer

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Notre Dame professor appeals dismissal of defamation suit against Irish Rover

The Indiana Court of Appeals acquires jurisdiction of Tamara Kay v. The Irish Rover

Notre Dame sociology and global affairs professor Tamara Kay is contesting a trial court judge’s decision to throw out her defamation lawsuit against the Irish Rover.

According to court documents, on Feb. 7 attorneys for Kay asked the Indiana Court of Appeals to review St. Joseph Superior Court Senior Judge Steven David’s dismissal of the lawsuit under Indiana’s Anti-SLAPP Law.

In May, Kay filed a complaint alleging that the newspaper defamed her in two articles about her abortion-rights advocacy.

David ruled in favor of a motion to dismiss from the Irish Rover on Jan. 8.

“The Court concludes that Dr. Kay does not present any evidence that shows that the Irish Rover had any doubts about the truth of their statements in the articles before they were published,” David wrote. “By failing to present such evidence, the Court concludes that Dr. Kay’s defamation claim fails as a matter of law.”

The most recent filing comes after the Rover sought $178,000 in legal fees earlier this month under Indiana's anti-SLAPP legislation. Their filing reveals that the Rover's lead counsel, James Bopp Jr., is billed at an hourly rate of $630. 

Kay and her attorneys did not immediately respond to a request for comment.