Matherson v. Marchello
Supreme Court of New York, Appellate Division
473 N.Y.S.2d 998 (1984)
During a radio interview, members of the band The Good Rats (defendants) said they used to "fool around with" Matherson's (plaintiff) wife, and that Matherson "really freaked out" when someone started "messing around with his boyfriend." Mr. and Mrs. Matherson sued the band and its record company for defamation, seeking damages for humiliation, mental anguish, marital injury, and lost business opportunities; the trial court granted the defendants' motion to dismiss, finding the statements not susceptible to any defamatory meaning and that special damages hadn't been properly pleaded.
Whether a statement that implies a plaintiff is homosexual is reasonably susceptible to a defamatory meaning.