In an action for breach of implied contract and defamation based on false statements allegedly made by plaintiff's former employer on an NASD Form U5 regarding plaintiff's termination, summary judgment for defendant is affirmed where: 1) defendant's statements on the form were substantially true; and 2) plaintiff could not have reasonably expected that, after defendant began investigating plaintiff for forgery, defendant limited its right to terminate his employment through the nonspecific statements of two employees that "nothing bad would happen."
Filed September 9, 2009
Opinion by Judge Tacha
Timothy L. White, Valdez and White Law Firm, Albuquerque, NM
M. Scott Barnard, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX