Court Rules Headline 'Murder for Hire Conspiracy Case Results in Conviction' Not Defamatory in E-Commerce Entrepreneur's Lawsuit

In a recent legal decision, Magistrate Judge Anthony Porcelli (M.D. Fla.) ruled in Ligeri v. Arizona Daily Independent, LLC, a case decided on March 10 but recently posted to Westlaw, that a news headline was not defamatory. The headline in question read: Murder For Hire Conspiracy Case Results In Conviction Of Former Amazon Retail Star.

The plaintiff, identified as an established entrepreneur in the e-commerce sector, is the Founder and CEO of Kangaroo Manufacturing. He also ranked among the top professionals in 1Pro Events. The plaintiff built a reputation for generating record-breaking sales on Amazon and sharing expertise on manufacturing, importing, and product ranking at industry conferences.

Tensions arose between the plaintiff and two associates, Joshua Dean Tischer and John Andrew Burns, due to unpaid debts. Fearing the loss of his business, the plaintiff allegedly made threats of death and bodily harm against Burns. He also offered to pay someone to harm Tischer and Burns, believing they had wronged him. Investigators collected recorded calls, text messages, and witness statements as part of a potential murder-for-hire case.

In April 2021, the Mesa Police Department arrested and charged the plaintiff with:

• Aggravated Assault
• Stalking – Fear of Death
• Stalking – Fear of Physical Injury

Notably, the plaintiff was never charged with murder, conspiracy to commit murder, or murder for hire.

On March 24, 2022, the plaintiff pleaded guilty to Attempt to Commit Stalking. Three days later, on March 28, 2022, the defendant published an article summarizing the case. The article, titled Murder For Hire Conspiracy Case Results In Conviction Of Former Amazon Retail Star, referenced the Mesa Police Report and highlighted threatening quotes used in the prosecution. It also noted that the plaintiff was scheduled to be sentenced in Maricopa County Superior Court for Attempted Stalking with Fear of Physical Injury, a Class 6 felony. Additionally, the article mentioned that three other felonies, including conspiracy to commit aggravated assault, were dismissed by Judge Scott Minder as part of a plea deal.

The plaintiff filed a lawsuit against the defendant, alleging that the headline was defamatory. He argued that the headline falsely implied he was involved in a murder-for-hire scheme, a charge that was never filed. The plaintiff claimed the headline was false and defamatory because:

• He was never charged with conspiracy to commit murder.
• The defendant knew the headline was false due to access to his criminal record.
• The defendant published the article with reckless disregard for the headline's truthfulness.
• The headline damaged his character, reputation, and business operations.

The defendant countered that the statement—when read in conjunction with the article—was not defamatory because it was substantially true. The plaintiff, however, argued that the headline should be read independently and, in doing so, falsely represented that he was convicted of conspiracy to commit murder. Alternatively, the plaintiff contended that the headline was ambiguous and should be decided by a trier of fact.