Scholz Defamation Suit Reinstated

A defamation lawsuit filed by Boston co-founder Tom Scholz against the ex-wife of late lead singer Brad Delp has been reinstated by the Massachusetts Appeals Court.

Scholz had originally filed suit against Micki Delp alleging comments she made to the Boston Herald in 2007 implied Scholz was responsible for Delp’s suicide.

A judge threw out that suit in 2011 concluding Micki Delp hadn’t acted with malice in her comments to the paper.

But in its ruling May 14, the Massachusetts Appeals Court disagreed, finding Scholz had “sufficient evidence to demonstrate a genuine issue of material fact whether Micki is responsible for the defamatory connotation” of the article.

A jury should be allowed to decide whether Scholz has enough evidence to demonstrate malice in the case, the court continued.

After the suit against Micki Delp was thrown out, Scholz took the Herald and two of its gossip columnists to court over the alleged defamatory content in several articles. That suit was dismissed on grounds the columns were protected under the First Amendment.