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Bruno v. Corrado

Superior Court of Maine

March 31, 2015

JOSEPH BRUNO, et al., Plaintiffs
v.
PAUL CORRADO, et al., Defendants

ORDER ON SPECIAL MOTION TO DISMISS

Joyce A. Wheeler Justice, Superior Court

Before the court is the defendants' special motion to dismiss counts II and III of plaintiffs' complaint under 14 M.R.S. § 556 (2014), Maine's anti-SLAPP[1]statute. For the following reasons, the motion is denied.

Background

The facts alleged in the complaint are more fully set forth in the court's order on defendants' motion to dismiss. (1/5/15 Order.) This motion concerns counts II and III of the complain, which allege defamation per se and false light invasion of privacy. These counts concern defendant Paul Corrado's statements initially made in a letter in the form of a petition written by Corrado and addressed to the governor. The letter reads as follows:[2]

The Honorable Governor of the State of Maine

Office of the Governor #1 State House Station Augusta, ME 04333-0001

Phone 207-287-3531

Fax 207-287-1034

Governor Le Page:

PLEASE SAVE PHARMACIST PAUL CORRADO AND CORRADO'S PHARMACY OF CORINTH, MAINE!
Mr. Corrado came to Corinth specifically to build a stagnant business. He was immediately adopted by the Town of Corinth and the surrounding communities and remains the most trusted medical professional in the area. He received many accolades from his former employer. Mr. Corrado was encouraged to open his own pharmacy in the same town. His former employer, Mr. Bruno has done everything in his power to put Mr. Corrado out of business. Mr. Bruno is also the President of the Board of Pharmacy and has used his influence against Mr. Corrado. Mr. Corrado is professional, caring, compassionate, and honest and has opened his pharmacy after hours and on weekends to fill emergency prescriptions for many of us in town. Mr. Corrado expected trouble with Mr. Bruno the moment he left his employment. He was extremely diligent and careful to dot his T's and cross his 'f s in expectation of Mr. Bruno's onslaught. I believe Mr. Bruno interfered with Mr. Corrado's application for a Federal DEA license causing him to wait 18-months to become a fully functional pharmacy.
I believe Mr. Corrado is being excessively punished for something a former disgruntled technician who a may have caused the error intentionally and who has violated the HIPPA regulations by telling a patient he received a generic medication in place of a brand even though the generic is in fact, the unchanged brand drug re-distributed by 4 other manufacturers.
Mr. Corrado has hurdled every obstacle in opening and starting a business. He deserves to stay in business without the excessive penalties imposed on him personally and on his Pharmacy.
I ask that you get involved and reduce these penalties so that the financial burden does not put Mr. Corrado and his ...

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