The University of Iowa will pay $125,000 to settle a defamation lawsuit brought by Dr. James Brown, a UI Health Care Urologist.
Brown sued the UI in 2021 claiming that UI law professor Marc Linder, who specializes in labor law, defamed him in interviews and in an op-ed published in newspapers in Cedar Rapids, Waterloo, and The Daily Iowan.
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Linder criticized Brown for his testimony as an expert witness in a 2016 labor lawsuit against Swift Pork Co., where it accused the company of illegally restricting employee bathroom breaks.
Brown testified for Swift Pork Co., which eventually won the lawsuit.
The defamation case was dismissed shortly after Brown and the Iowa Attorney General's Office, who defended the UI, came to a settlement agreement in July.
As part of the UI's settlement, Linder is not allowed to make disparaging claims or comments against Brown for the next 10 years. Linder will be fined $25,000 for each breach of the agreement.
"Dr. Brown filed suit to protect his reputation, and he is satisfied that the resolution accomplishes that," said Scott Wadding, a managing partner at Sease & Wadding, the firm representing Brown, in a statement to the Press-Citizen. "He is grateful to be moving forward."
According to court filings, Brown accused Linder of being in a hallway outside a room he was being deposed in, and accusing him of attending a court hearing wearing a "People over Profits" T-shir. Brown said Linder make statements criticizing his decision to testify.
Brown accused Linder of making verbal and written complaints to Brown's department head, accusing him of making a "money-driven" testimony to an employer "trying to invalidate OSHA's enforcement of employees' right to use the toilet at work."
Brown said Linder's statements were false and defamatory, causing him reputational harm.
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A federal court dismissed the case, which was later upheld by the 8th circuit of the U.S. Court of Appeals. Its Jan. 4, 2023, the opinion said that Linder was not acting as an agent of the state even though he was identified as a state employee when he made the statements.
The opinion said that state employees don't act as the state simply because they are employees but rather must do so under a responsibility expressed in state law.
Brown sued the UI in 2021 claiming that UI law professor Marc Linder, who specializes in labor law, defamed him in interviews and in an op-ed published in newspapers in Cedar Rapids, Waterloo, and The Daily Iowan.
More: UI law professor wins free speech case after criticizing university doctor in media
Linder criticized Brown for his testimony as an expert witness in a 2016 labor lawsuit against Swift Pork Co., where it accused the company of illegally restricting employee bathroom breaks.
Brown testified for Swift Pork Co., which eventually won the lawsuit.
The defamation case was dismissed shortly after Brown and the Iowa Attorney General's Office, who defended the UI, came to a settlement agreement in July.
As part of the UI's settlement, Linder is not allowed to make disparaging claims or comments against Brown for the next 10 years. Linder will be fined $25,000 for each breach of the agreement.
"Dr. Brown filed suit to protect his reputation, and he is satisfied that the resolution accomplishes that," said Scott Wadding, a managing partner at Sease & Wadding, the firm representing Brown, in a statement to the Press-Citizen. "He is grateful to be moving forward."
Brown accused Linder of 'embarking' on a campaign of harassment
In his lawsuit, Brown accused Linder of embarking on a campaign against his testimony.According to court filings, Brown accused Linder of being in a hallway outside a room he was being deposed in, and accusing him of attending a court hearing wearing a "People over Profits" T-shir. Brown said Linder make statements criticizing his decision to testify.
Brown accused Linder of making verbal and written complaints to Brown's department head, accusing him of making a "money-driven" testimony to an employer "trying to invalidate OSHA's enforcement of employees' right to use the toilet at work."
Brown said Linder's statements were false and defamatory, causing him reputational harm.
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Federal retaliation cased dismissed in 2023
Brown also sued the UI in federal court alleging that Linder's actions were in retaliation for Brown using his first amendment right to free speech.A federal court dismissed the case, which was later upheld by the 8th circuit of the U.S. Court of Appeals. Its Jan. 4, 2023, the opinion said that Linder was not acting as an agent of the state even though he was identified as a state employee when he made the statements.
The opinion said that state employees don't act as the state simply because they are employees but rather must do so under a responsibility expressed in state law.
