Defamation Claim

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7^th Circuit Court of Appeals

Case Name: Alejandro Yeatts v. Zimmer Biomet Holdings, Inc.,

Case No.: 19-1269

Officials: FLAUM, EASTERBROOK, and MANION, Circuit Judges.

Focus: Defamation Claim

Alejandro Yeatts became ensnared in a federal investigation of his employer, Zimmer Biomet Holdings, Inc. (“Biomet”), for violations of the Foreign Corrupt Practices Act because of his contacts with a distributor in Latin America who had bribed doctors. To resolve the criminal and civil charges against it, Biomet entered two deferred prosecution agreements with the Department of Justice in 2012 and 2017. Following the 2012 agreement, Biomet had to distribute a Restricted Parties List of individuals who posed a risk to Biomet’s compliance with anti-corruption and anti-bribery laws. The list included Yeatts and a notation regarding his suspension in connection with the corruption investigation of Biomet’s Latin American subsidiary. After Biomet terminated Yeatts, he sued his former employer for defamation based on his inclusion on the Restricted Parties List. The district court entered summary judgment for Biomet. Because Biomet’s inclusion of Yeatts on the Restricted Parties List conveyed no defamatory imputation of objectively verifiable or testable fact, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.