Dent v. Constellation NewEnergy, Inc.

Petitioners filed a petition seeking the names and addresses of three unidentified individuals they alleged were potentially liable for damages for publicizing false and defamatory statements that caused the respondents to terminate their contractual relationship with the petitioners. The question before the Illinois Supreme Court was whether the appellate court erred in holding that a court cannot consider qualified privilege in resolving a section 2-615 motion to dismiss a Rule 224 petition to discover the identity of potential defendants prior to commencement of a lawsuit. The Supreme Court held that qualified privilege in Illinois defamation law is based on a policy of protecting honest conversations of misinformation in certain circumstances, that qualified privilege is a proper affirmative defense in a section 2-615 motion to dismiss, and that the appellate court erred when it found that the trial court could not consider qualified privilege. A dissenting opinion argued that the majority erroneously concluded that qualified privilege protects identity as well as statements. (THEIS, OVERSTREET and CARTER, concurring. GARMAN and NEVILLE, dissenting. ANNE M. BURKE took no part in the decision.)