With respect to the third element-that the defendant was legally at fault in making the statement-“[i]n the context of defamation cases involving private plaintiffs, to adequately show negligence, plaintiffs must allege facts sufficient to show that the defendant failed to act as a reasonable person under like circumstances in making the false and defamatory statements.” Finley Alexander Wealth Mgmt., LLC v. M&O Marketing, Inc., Civ. No. GJH-19-1312, 2021 WL 1215769, at *13 (D. Md. Mar. 31, 2021) (citation and quotation marks omitted). Plaintiff has made no allegations to that effect.
Defendant's conduct”); Finley Alexander Wealth Mgmt., LLC v. M&O Mktg, Inc., Civ. No. GJH-19-1312, 2021 WL 1215769, at *18 (D. Md. Mar. 31, 2021) (explaining that “[a] vague allegation of Tost sales' is insufficient to state a claim for tortious interference with business relationship)
To satisfy the negligence requirement in cases involving private plaintiffs, plaintiffs must show the defendant failed to act as a reasonable person in making the false and defamatory statements. Finley Alexander Wealth Mgmt., LLC v. M&O Mktg., Inc., No. GJH-19-1312, 2021 WL 1215769, at *13 (D.Md. Mar. 31, 2021) (internal citations and quotations omitted). With actual malice, a plaintiff is required to show that the defendant made the defamatory statement with knowledge that it was false or with reckless disregard of whether it was false or not.
. “Thus, ‘to recover for tortious interference with business or contractual relationships, the defendant's conduct must be ‘independently wrongful or unlawful, quite apart from its effect on the plaintiff's business relationships.''” Finley Alexander Wealth Management, LLC v. M&O Marketing, Inc., No. GJH-19-1312, 2021 WL 1215769, at *18 (D. Md. Mar. 31, 2021) (citing Lyon v. Campbell, 707 A.2d 850, 860 (Md. Ct. Spec. App. 1998)). “Acts that amount to ‘independently wrongful or unlawful' conduct ‘include common law torts and violence or intimidation, defamation, injurious falsehood or other fraud, violation of criminal law, and the institution or threat of groundless civil suits or criminal prosecutions in bad faith
“In order to plead, under Maryland law, a defamation claim sufficient to withstand a motion to dismiss, a plaintiff must allege facts establishing four elements: ‘(1) that the defendant made a defamatory statement to a third person, (2) that the statement was false, (3) that the defendant was legally at fault in making the statement, and (4) that the plaintiff thereby suffered harm.'” Finley Alexander Wealth Mgmt., LLC v. M&O Mktg., No. GJH-19-1312, 2021 U.S. Dist. LEXIS 62926, at *33 (D. Md. Mar. 31, 2021) (quoting Piscatelli v. Van Smith, 424 Md. 294, 306 (2012) (internal quotation marks omitted)).
Also pending before the Court is Plaintiff's unopposed Motion to Seal Official Court Martial Record of Trial, ECF No. 5, which the Court now grants. See Finley Alexander Wealth Mgmt., LLC v. M&O Mktg., Inc., No. 19-cv1312-GJH, 2021 WL 1215769, at *5 n.3 (D. Md. Mar. 31, 2021). Additionally pending are Defendants' Consent Motion for Extension of Time to Respond to Plaintiff's Complaint, ECF No. 6, Plaintiff's Second Consent Motion for Extension of Time to Oppose Defendants' Motion to Dismiss, ECF No. 12, and Defendants' Motion for Extension of Time to File Reply, ECF No. 16, each of which the Court also grants.
. Newspapers, Inc. v. Brodie, 15 966 A.2d 432, 448 (Md. 2009)); see Finley Alexander Wealth Mgmt., LLC v. M&O Mktg., Inc., No. GJH-19-1312, 2021 WL 1215769, at *10 (D. Md. Mar. 31, 2021) (quoting Piscatelli). Principal Brown argues Ms. Brown fails to allege the first, third, and fourth elements. ECF 25-1, at 9-11.
“‘[I]n general, courts have concluded that bad faith is a subjective inquiry that requires proof that the moving party acted with intent to deceive, harass, mislead, delay, or disrupt.'” Finley Alexander Wealth Mgmt., LLC v. M&O Mktg., Inc., No. 19-cv-1312-GJH, 2021 WL 1215769, at *20 (D. Md. Mar. 31, 2021) (quoting Brown v. Pfeiffer, 2020 WL 1164594, at *3 (D. Minn. Mar. 11, 2020)).
Besides, most lawsuits are "matters of public record" that hardly "conceal ... relevant fact[s]." Finley Alexander Wealth Management, LLC v. M&O Mktg., Inc. , 2021 WL 1215769, at *10 (D. Md. Mar. 31, 2021) (cleaned up). So I must dismiss Garner's fraudulent-concealment claim.