Co-defendant Lindsey Miller files counter-complaint in Rebel Rags lawsuit
Published 5:59 am Tuesday, October 24, 2017
The latest development in the Rebel Rags lawsuit came in the form of a counter-complaint from co-defendant Lindsey Miller.
Miller, the estranged stepfather of former Ole Miss offensive lineman Laremy Tunsil, filed the counter-complaint in Lafayette County Circuit Court on Thursday against the Oxford-based retail clothing store, citing libel. Rebel Rags is suing Miller and Mississippi State players Kobe Jones and Leo Lewis for defamation, commercial disparagement and civil conspiracy for what the store believes were intentionally false statements made by the three during interviews with the enforcement staff as part of the NCAA’s investigation into Ole Miss’ football program.
Miller, Jones and Lewis each filed motions to dismiss the case in July, but Miller’s counter-complaint, filed on his behalf by his attorney, Matthew Wilson, is centered on Rebel Rags’ response opposing Jones’ motion to sever and transfer venue.
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Specifically, the counter-complaint alleges the store’s response implied that Miller had something to do with Steve Robertson, a Mississippi State writer for GenesPage.com, a Scout.com affiliate, allegedly having prior knowledge of Tunsil’s cell phone being hacked on the first night of the 2016 NFL Draft.
The counter-complaint also alleged that a story published July 22 by The Ole Miss Spirit, an affiliate of 247Sports.com, was written from a copy of the complaint obtained by the website directly from Rebel Rags or its representation rather than circuit clerk’s office. By doing this, the counter-complaint claimed, Rebel Rags destroyed any privilege from defamation claims.
“The publication of the Response to Jones — and by extension, the publication of its defamatory statements — to Mr. (Ben) Garrett and/or OMSpirit.com was an unprivileged communication to a third party,” part of the counter-complaint read.
Jones and Lewis’ motions to sever and transfer venue were denied last week. Miller, who’s seeking legal or equitable general relief, had his motion to dismiss denied by Judge John Kelly Luther on Sept. 25 when Luther first heard the motions.