(Bay City News) A state appeals court on Wednesday dismissed an Oakland bank's libel lawsuit against a former executive who posted derogatory comments about the bank online in the "Rants and Raves" section of Craigslist.
Robert Rogers, who was a vice president of Oakland-based Summit Bank and its chief credit administrator in 2007 and 2008, placed the remarks on the Internet site in June and July 2009.
Among other comments, he criticized the bank's chief executive, said state and federal regulators "are looking at Summit Bank," noted that the bank's Hayward branch had closed and urged, "I would suggest that any one that banks at Summit Bank leave before they close."
The bank sued him for defamation in Alameda County Superior Court, claiming the comments were false and libelous. Rogers contended in pretrial proceedings that his posts were protected free speech.
In Wednesday's decision, a three-judge panel of the Court of Appeal in San Francisco ordered dismissal of the case and overturned a 2010 ruling in which Superior Court Judge Frank Roesch declined to toss out the lawsuit.