Lawyer Accused of Sex Assault Attempt Loses on Counterclaim

A female paralegal who accused a managing partner of attempted sexual assault won a bid to reverse the trial court’s denial of her motion to dismiss the lawyer’s business disparagement counterclaim, a Texas appeals court said Thursday.

Managing partner William Ramey was unable to prove letters from the University of Texas, the University of Houston, and Texas A&M University canceling their contracts with the firm were directly correlated with former paralegal Elizabeth William’s accusation, the Texas Appeals Court, Fourteenth District said.

The universities could’ve transferred their business to another firm for any number of reasons, Justice Kevin Jewell wrote in the opinion. Thus, the evidence was deemed insufficient to support Ramey’s business disparagement claim.

Williams worked for Ramey & Schwaller LLP, where she worked directly with Ramey, the court said. On September 28, 2018, they took a long lunch where alcohol was consumed, and they continued drinking back at the office.

Williams alleged that later that day she suffered injuries to her face, shoulders, and arms as a result of Ramey’s attempt to sexually assault her. She sued Ramey for sexual assault, emotional distress, invasion of privacy, and negligence.

Ramey countersued for civil and malicious defamation, prosecution, and business disparagement. Williams filed a Texas Citizen Participation Act motion alleging that Ramey’s claims infringed on her free speech right and her right to petition, the court said.

The trial court granted Williams’ TCPA motion in part and dismissed the malicious prosecution claims without prejudice, but denied dismissal as to Ramey’s defamation and business disparagement claims.

Williams contended that the trial court erred by dismissing the malicious prosecution claim without prejudice. But the TCPA doesn’t expressly require dismissal of a claim with prejudice, the appeals court held.

The claim is currently unripe, and that means the trial court didn’t have jurisdiction to rule on its merits, the appeals court said. The trial court was therefore unable to dismiss the claim with prejudice.

Further, at this stage of litigation, Ramey provided the minimum evidence to defeat dismissal of his defamation claim, the court said.

Ramey provided evidence of publication of William’s accusation with the testimony from a friend who had a phone conversation with Williams where she recounted the incident. He also provided a sworn affidavit and a negative polygraph test that satisfied the falsity element, the court said.

Damages weren’t necessary to prove because accusing someone of a sexual crime is “obviously harmful,” the court added.

The court, therefore, affirmed judgment in part, reversed in part and remanded to the trial court for further proceedings.

Justices Jerry Zimmerer and Meagan Hassan joined.

Moore & Associates represented Williams. Peckham Martin PLLC represented Ramey.

The case is Williams v. Ramey, Tex. App., 14th Dist., No. 14-21-00158-CV, 7/7/22.