Deratany Firm Files 45 Page Response to CNN, Nancy Grace's Motion for Summary Judgement

Online, June 9, 2010 (Newswire.com) - NORTH PALM BEACH, FL, June 9, 2010 -- The Deratany Firm represents the parents and the estate of Melinda Duckett, a Florida mother who shot and killed herself after an on-air interview with CNN television host, Nancy Grace, regarding her missing baby, Trenton Duckett. The day after CNN aired the Nancy Grace interview, Melinda Duckett shot and killed herself in her grandparents' Florida home.

Jay Paul Deratany and Kara Skorupa of The Deratany Firm were retained by Melinda Duckett's family and personal representative ("Plaintiffs") to pursue a lawsuit against both CNN and Nancy Grace for the wrongful death of Melinda Duckett. The lawsuit was filed in the United States District Court for the Middle District of Florida, Ocala Division. Plaintiffs allege that Nancy Grace and CNN invited Melinda Duckett onto the Nancy Grace Show to display photographs of missing Trenton Duckett. Plaintiffs allege that Nancy Grace and CNN promised Melinda Duckett that her interview would be for this limited purpose, however the interview resulted in an on-air cross-examination of Melinda whereby Grace significantly verbally assaulted Melinda Duckett. The complaint alleges that this intense questioning led to severe emotional distress causing Melinda Duckett's suicide immediately after.

On May 7, 2010, defendants CNN and Nancy Grace filed a motion for summary judgment, an argument that the trial should not proceed as there are no genuine issues of material fact. Responding with a 45 page motion, attaching 22 independent exhibits, The Deratany Firm filed an opposing brief, alleging that there are a substantial number of issues that remain, and which need to be submitted to a jury in August 2010.

In 2008, CNN and Nancy Grace had tried to thwart the litigation, by moving to dismiss: From the Wall Street Journal Blogs, 2008:

"The law does not permit people to recover money from reporters who ask routine questions while covering stories of national significance to the public. Plaintiffs have no valid cause of action, and this misguided lawsuit should be dismissed."

Hodges, however, disagreed. In his ruling, he seems to struggle, weighing the high bar the plaintiffs will have to clear to win the case against the motion-to-dismiss standard, which requires him to view the allegations in the light most favorable to the plaintiff. He let the suit go forward.

"We look forward to pursuing this case all the way to trial against Nancy Grace and showing that you can't deceive guests on your show," said the family's lawyer, Jay Deratany.

A spokeswoman for CNN told the Law Blog: "This is only a procedural ruling about whether the case should be allowed to go forward. It does not mean that the claims are likely to succeed. We stand by Nancy Grace and her show, and we look forward to the opportunity to mount a full defense in court."http://blogs.wsj.com/law/2008/08/13/lawsuit-against-nancy-grace-cnn-moving-forward/

The Deratany Firm is a plaintiff's firm, specializing in personal injury, wrongful death and medical malpractice. It boasts offices in Chicago, Illinois and North Palm Beach, Florida. The Chicago office is comprised of principal, Jay Paul Deratany, and his three associates, Nicholas V. DeAgostino, Patrick P. Degnan, Nathan E. Polum. The firm is headed by highly experienced attorneys with more than 45 years combined experience. In the past several years, The Deratany Firm has obtained jury verdict and settlement awards combining over $50 million.

For more information, please contact the firm's office with any questions at (312)857-7285 and visit their website at www.lawinjury.com.