The Appellate Group

Mathews v. McCown

Mathews v. McCown, 2025 UT 34 (Pearce, A.C.J.)

Civil/Civil Procedure

The Utah Supreme Court held: 

  • The district court erred when it concluded that Appellees’ statements were not capable of defamatory meaning because a court cannot determine whether a statement is capable of sustaining a defamatory meaning by viewing individual words in isolation; rather, it must carefully examine the context in which the statement was made. 
  • The district court erred when it considered more than the sufficiency of Appellants’ complaint and dismissed Appellants’ claims against Appellees on the basis that Appellees’ statements were privileged. 
  • Practice tip: Although questions of privilege are not immune from pretrial motion practice, a defamation plaintiff does not have to anticipate and preemptively plead against an affirmative defense. 

Read the full court opinion