UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION 

DALE PIERSON 

Plaintiff,

vs.

NATIONAL INSTITUTE FOR LABOR RELATIONS 

RESEARCH AND STAN GREER

Defendants.

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 Case No. 16 CV 00449

 Judge Philip P. Simon

 Magistrate Judge John E. Martin

 

 

 

 

DEFENDANTS’ MOTION TO DISMISS 

NOW COME Defendants, NATIONAL INSTITUTE FOR LABOR RELATIONS 

RESEARCH (“NILRR”) and STAN GREER (“Greer”), by and through their attorneys, 

NIELSEN, ZEHE & ANTAS, P.C., and for their Motion to Dismiss pursuant to Federal Rule of 

Civil Procedure 12(b)(6), state as follows:

1. Plaintiff Dale Pierson has filed a Complaint at Law containing one count of 

defamation against both defendants. Specifically, plaintiff alleges that a website posting, 

authored by defendant Greer and posted on a website maintained by NILRR, contained 

defamatory statements. The post at issue was reporting on an oral argument in which plaintiff 

was involved before the Indiana Supreme Court in a case dealing with the constitutionality of 

Indiana’s Right-to-Work law. The post questioned statements made by the plaintiff, the union 

representative at the oral argument, by pointing out inconsistent positions taken by the unions 

over the years. 

2. Defendants seek dismissal of plaintiff’s complaint under Federal Rule of Civil 

Procedure 12(b)(6) for failure to state a claim. 

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3. Defendants move for dismissal on multiple bases arguing that the alleged 

defamatory statements at issue are: (1) substantially true; (2) an opinion and/or rhetorical 

hyperbole; (3) have not caused a pecuniary injury to plaintiff; (4) not made with actual malice; 

and (5) privileged under Indiana law. 

4. Finally, defendants argue that the instant lawsuit is a strategic lawsuit against 

public participation, commonly referred to as a SLAPP, which is prohibited by the Indiana AntiSLAPP Act, Indiana Code Section 34-7-7-1. In his post, Mr. Greer was reporting on a labor issue 

which has been for decades a heated matter of public concern. Plaintiff’s suit is an attempt to 

harass the opposition and stifle its ability to report on a matter of public concern. Plaintiff should 

be subject to all penalties permitted under the Act. 

5. Defendants have concurrently filed their Memorandum of Law in Support of 

Their Motion to Dismiss consistent with this Court’s Local Rules. 

WHEREFORE, for the reasons more fully set forth in Defendants’ Memorandum of Law 

in Support, Defendants, NATIONAL INSTITUTE FOR LABOR RELATIONS RESEARCH 

and STAN GREER request that this Honorable Court grant their Motion to Dismiss, dismiss the 

matter in its entirety with prejudice and for any appropriate relief that this Court deems just. 

Respectfully Submitted,

/s/ John J. Murphy

John J. Murphy

NIELSEN, ZEHE & ANTAS, P.C.

55 West Monroe – Suite 1800

Chicago, Illinois 60603

312.734.1005 (direct)

312.322.9977 (fax)

Jmurphy@nzalaw.com

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing

Defendants’ Motion to Dismiss has been electronically filed with the Clerk of the United States 

District Court for the Northern District of Indiana, Hammond Division, by using the CM/ECF system 

which will send notification of such filing via electronic delivery to attorneys of record on February 7, 

2017. 

/s/ John J. Murphy

John J. Murphy

NIELSEN, ZEHE & ANTAS, P.C.

55 West Monroe – Suite 1800

Chicago, Illinois 60603

312.734.1005 (direct)

312.322.9977 (fax)

Jmurphy@nzalaw.com

Paul Bozych

John J. Murphy

NIELSEN, ZEHE & ANTAS, P.C.

55 West Monroe – Suite 1800

Chicago, Illinois 60603

312.734.1005 (direct)

312.322.9977 (fax)

pbozych@nzalaw.com

Jmurphy@nzalaw.com

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