High court reinstates libel case

CARSON CITY -- The Nevada Supreme Court has reinstated a libel suit brought by the director of the Hebrew Academy in Las Vegas against a coalition of parents who complained the private school was being mismanaged and suggested there were cases of child abuse, battery and negligence.

The court Friday overturned the ruling of District Judge Gene Porter, who had dismissed Tamar Lubin's suit against parents Israel Kunin, Diana and Jay Moss, Jeff Stromberg, Dr. Neville and Esther Pokroy and Ronald Winer.

"This is beautiful," said Lubin's husband, Paul Saposhnik, when he was informed of the decision. Lubin was in New Jersey and could not be reached for comment. He said his wife founded the school but was fired by a group who conspired against her.

The parents in 1996 distributed letters and handouts about alleged problems at the school. In the fliers they quoted from a lawsuit against Lubin that alleged child abuse, assault, battery and negligence.

The parents sent one of the handouts to a state official that said this was not a frivolous suit and there was an abundance of evidence as well as eyewitnesses, according to Lubin's libel lawsuit. "These parents never envisioned that anything of this nature could or would happen to their child," the handout said. "IT DID! It is time to protect our children."

Lubin sued the parents in 1998, claiming the statements were false and defamatory and damaged her profession.

The court, in its unanimous decision, said Porter "erred in granting the parents' motion to dismiss, because the statements in question were capable of a defamatory construction."

The court said the handout was subject to two interpretations -- that the child abuse did happen or that the lawsuit was filed.

It said it should be up to a jury to decide which of the interpretations apply.

The parents also claimed they had immunity from suit because their statements refer to other judicial proceedings then in progress. The court said the "parents arguably went beyond fair, accurate, and impartial reporting of the child abuse complaint by presenting a one-sided view of the action."

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