Professional Documents
Culture Documents
No. 11-2317
SHIRLEY SHAHEEN,
Plaintiff Appellant,
v.
THE WELLPOINT COMPANIES, INC., d/b/a WellPoint, Inc.,
Defendant Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:11-cv-00077-JRS)
Submitted:
Decided:
August 3, 2012
PER CURIAM:
After
her
termination,
Shirley
Shaheen
filed
suit
production
of
certain
privileged
documents.
For
the
I.
A.
Shaheen
(WellPoint)
in
October 2010.
WellPoint's
quick
insureds
of
for
various
The
capacities
WellPoint
from
Companies
March
2004
until
NurseLine,
provide
and
24/7
immediate
Anthem
subsidiary).
responsible
worked
Blue
call-in
advice
Cross
for
supervising
from
Blue
Appellants Br. 5.
operation
nurse
Shield
designed
to
associates
to
(a
WellPoint
approximately
twenty
NurseLine
associates.
Shaheen remained in this position until October 15,
2010, when
she
was
leading
her
termination
to
incident
associate.
between
terminated
Shaheen
by
began
and
WellPoint.
with
Linda
The
September
Taylor,
chronology
11,
2010
NurseLine
subsequently
Id.
participated
in
previously-
personnel,
NurseLine,
and
representative
Lohmeyer
advised
of
termination.
Whitney
for
her
Shaheen
including
Kelli
Ingle,
the
NurseLine.
encounter
that
WellPoint
Shaheen
with
this
Lohmeyer,
Taylor.
behavior
was
Human
informed
of
Resources
Ingle
and
Ingle
and
Lohmeyer
grounds
for
Taylor's
Director
Ingle
specifically
requested
Id. 81.
According to
statement
regarding
the
f-word,
associatesTammy
incident.
and
DeGroft
that
at
and
least
Pamela
Id. 149.
two
other
NurseLine
Roepkewitnessed
the
In
response
to
Ingles
instruction,
Shaheen
and
being
terminated
based
on
for
Ingle
summarizing
her
behavior
and
language
the
conversation
with
Taylor,
Taylor felt that she did nothing wrong, she did not curse, was
Id. 155.
mentioned
least
associates,
two
that
the
incident
identifying
was
DeGroft
Shaheens
witnessed
and
by
Roepke,
at
and
Id.
unit
in
[the]
area
to
potentially
overhear
and
see
Id.
Id. 458.
These
verbatim
account
of
the
incident,
specifically
why no one overheard Taylors words, Shaheen never said that she
and Taylor were yelling.
Id. 326.
Id.
Id. 437.
B.
Shaheen filed a diversity action alleging defamation
and
defamation
compensatory
and
per
se
punitive
against
WellPoint,
damages. 1
Shaheen
and
requesting
challenged
the
the
October
13
and
15
meetings
that
Shaheen
Taylor;
(2)
Ingle
and
Lohmeyers
statement
during
the
Shaheen
violated
WellPoint's
ethics
statement
policy
by
in
an
to
Ingle
that
Shaheen
decided
to
Shaheen v.
moved
responding in opposition.
for
summary
judgment,
with
Shaheen
the
incident,
including
communications
between
WellPoint
II.
We
review
the
district
courts
grant
of
summary
PBM Prods., LLC v. Mead Johnson & Co., 639 F.3d 111,
courts
denial
of
motion
to
Id.
compel
We review the
discovery
for
abuse of discretion.
III.
A defamation action under Virginia law requires (1)
publication,
(2)
requisite intent.
Va. 1992).
defamatory.
of
an
actionable
statement,
and
(3)
the
Defamatory
statements
must
be
more
than
plaintiff
appear
odious,
infamous,
or
ridiculous.
Id.
the
duties
of
job
or
lack
of
integrity
in
the
the
context
of
defamation
action,
Virginia
motive
such
as
hatred,
revenge,
personal
spite,
ill
or
wilful
disregard
of
the
rights
of
the
plaintiff.
does
least
not
seriously
initiallyare
dispute
covered
that
by
the
qualified
See Larimore,
528 S.E.2d at 121 (noting that Virginia courts have applied the
privilege in a number of cases involving defamatory statements
made
between
co-employees
employee
disciplinary
however,
the
or
existence
of
and
employers
discharge
a
in
the
matters).
genuine
dispute
course
She
on
an
of
asserts,
issue
of
lost the privilege via its (1) reckless disregard for the truth
in
terms
incident,
of
(2)
its
gross[ly]
use
of
deficient
investigation
disproportionate
and/or
of
the
exaggerated
for
believing
the
allegations
9
against
Shaheen
to
be
true.
an
investigation
of
the
incident
in
response
to
witnesses.
Shaheens
attempts
to
discredit
the
the
associates
inappropriate,
J.A.
had
458,
overheard
rather
than
or
seen
anything
specifically
inquiring
the
right
questions,
Appellants
Br.
36.
As
Ingle
I wanted to
get open and honest answers about . . . what they may or may not
have observed.
J.A. 458-59.
Shaheen
argues
that
Ingle
10
"downplayed"
and
In so
"omitted"
Appellants Br.
voice,
word,
id.
but
predominantly
444.
And
on
for
this
allegedly
point,
using
DeGroft
the
offered
fno
investigation
stands
in
contrast
to
the
Shaheen relies.
Bradstreet,
evidence
nothing
Inc.,
that
more
245
F.2d
defendant
to
go
on
775,
777
published
(2d
than
Cir.
false
1957)
(finding
information
misunderstood
casual
with
remark,
the
charges
that
[the
terminated
plaintiff-
who
repeated
the
accusations
simply
believed
11
their
The
investigation
that
led
to
Shaheens
termination
did not suffer from the same failings and thus, Shaheen has
failed to raise a genuine dispute on an issue of material fact
sufficient
to
Accordingly,
we
ruling. 3
defeat
affirm
WellPoints
the
district
qualified
courts
privilege.
summary
judgment
IV.
Shaheen further contends that the district court erred
in denying her motion to compel as moot.
12
to
compel
attorney-client
production
privilege,
of
but
documents
argues
that
at-issue
exception
to
the
protected
by
the
disclosure
was
According to Shaheen,
attorney-client
privilege
See Billings v.
disagree,
as
WellPoint
never
indicated
that
or
asserted
advice
of
they
relied
on
in
making
advice
the
of
alleged
counsel
terminating
Shaheen,
statements.
in
defamatory
See,
communication.);
Billings,
13
635
F.
Supp.
2d
at
446
V.
For the foregoing reasons, we affirm the judgment of
the district court.
facts
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED
14