Levitt suit ongoing
A ruling to dismiss Mount Pleasant attorney Todd Levitt's civil lawsuit against Central Michigan University senior Zachary Felton was delayed Friday.
Isabella County Judge Paul Chamberlain postponed the decision to gather more facts from the attorneys. It has yet to be established if Levitt could be considered a public figure, an integral part of the case.
Levitt is suing Felton for defamation in relation to a parody social media account created by the Mount Pleasant senior in April. Felton is accused of portraying Levitt in a false light, intentional infliction of emotional distress and libel. He is also accused of intentional interference with business relations, business defamation and unfair competition, according to court documents.
Felton filed for a summary disposition, asking the court to dismiss the complaint. He claims his parody Twitter account, Todd Levitt 2.0. is protected free speech under the First Amendment.
The qualification of a public figure extends beyond celebrities and politicians. A person become a "limited public figure" by engaging in actions that generate publicity within a narrow area of interest.
Grand Rapids attorney Jon Schrotenboer, who represents Felton, argued Levitt's weekly podcast and radio show makes him a well known figure in Mount Pleasant. "The Todd L. Levitt Law Show" airs weekly from 9-10 a.m. Sunday on 98.5 WUPS. The show also is available for online streaming.
Levitt is represented by Midland attorney Ghazey Aleck, who declined comment on the case.
Chamberlain gave Felton until Friday to file briefs related to the public figure issue and Levitt until Jan. 30 to respond. The hearing for the summary disposition motion is scheduled to resume at 2 p.m. on Feb. 6.
