Chicago businessman Philip Tadros may be allowed to continue with at least a portion of his long-running legal action against Crain's, accusing the business news publication of defaming him in an article published years ago, which Tadros has called a "hit piece."
On Dec. 10, Cook County Judge Barbara N. Flores denied a motion from Crain's Communications for summary judgment on all counts in Tadros' lawsuit.
In that decision, Flores said Crain's may need to go to trial to defeat Tadros' claims that an article published in Crain's Chicago Business defamed him by claiming he had engaged in a "pattern of mismanagement" at his businesses.
The judge said Tadros may also be able to secure a trial over a claim that a photo of him that accompanied the article may also be defamatory.
Summary judgment is a legal term for an order entered by a judge in favor of one party in a legal dispute before a trial. If Crain's had succeeded in its summary judgment motion, it would have ended the matter without a trial.
However, the judge indicated she believed a trial may be needed to allow a jury to decide if Crain's had actually unfairly cast aspersions upon Tadros' reputation.
Tadros, a "serial entrepreneur," has helped to found and lead a number of businesses, including Bow Truss Coffee and The Budlong Nashville hot chicken restaurants, as well as business assistance firm, Doejo, among others.
Tadros filed suit in 2017 against Crain's, accusing the publication of defamation over an article published in 2016 under the headline: "One of Chicago's most connected entrepreneurs has made more than a few enemies."
In the lawsuit, Tadros accused Crain's of using "the most salacious information they could find," while marketing the piece as a special report to draw more attention.
The lawsuit was refiled in 2021, adding Tadros' company, Doejo, as a plaintiff.
Tadros' lawsuit had claimed the Crain's article included 15 specific false and defamatory statements. The lawsuit had also leveled accusations against Crain's for allegedly interfering with Tadros' and Doejo's business.
Crain's has failed to dismiss the complaint, though the company did narrow the number of statements that could be considered defamatory. In 2023, for instance, Judge McKenna, who was then handling the case, said he believed the article's assertions that Tadros had made "enemies" wasn't defamatory and could be "innocently interpreted to indicate that Tadros made 'enemies' simply because of his entrepreurial endeavors..."
However, the bulk of Tadros' claims against Crain's had survived Crain's motions to dismiss.
After seven years in court, Crain's moved for summary judgment on all remaining counts, asking Judge Flores to end the legal dispute in their favor.
Flores granted summary judgment to Crain's on most counts.
However, the judge agreed with Tadros that Crain's claims concerning Tadros' alleged "pattern of mismanagement," as well as its alterations to a photo of Tadros published with the article, could still qualify as defamation.
"The Court finds that the 'pattern of mismanagement' statement imputes a lack of ability or lack of integrity in Plaintiff's profession, and qualifies as defamation per se, and that summary judgment is improper given the disputed facts reflected in the variety of witness deposition transcripts and affidavits submitted by the parties with this motion," Judge Flores wrote.
"The photograph was altered through addition of 'coffeehouse vibe' as Defendant (Crain's) describes it, which may be interpreted differently, and less innocently, by a reasonable factfinder making summary judgment improper."
"The emphatic disagreement about the evidence presented by the parties, and any inferences to be made therefrom, further prevents granting the relief sought by Defendant. Only a jury can make the necessary credibility determinations and weigh admissible evidence," Flores wrote.
The court has not yet set a trial date nor ruled on a motion to reconsider, which was filed on Dec. 17.