Garcia v. Hilton Hotels International, Inc.
United States District Court for the District of Puerto Rico
97 F.Supp. 5 (D.P.R. 1951)
Garcia (plaintiff) sued his former employer, Hilton Hotels International (defendant), for defamation, alleging he was violently discharged based on false accusations that he brought prostitution to a Hilton hotel, and separately alleging Hilton repeated the same accusation at a subsequent Puerto Rico labor department hearing on his severance-pay claim. Hilton moved to dismiss for failure to state a claim, arguing the termination statements weren't published and were qualifiedly privileged, and that the hearing statements were absolutely privileged.
Whether a motion to dismiss for failure to state a claim should be granted where the defendant raises a qualified privilege defense but the plaintiff might still produce evidence at trial negating that defense.