Christianson v. Klang
- Donovan Frank
- 0:20-cv-00565
- U.S. District Court · District of Minnesota
- 6
In Christianson v. Klang, Judge Frank granted Christianson’s default-judgment motion against Babinski and awarded $179,768 plus fees and costs.
John Babinski was ordered to pay Casey Ray Christianson $179,768 in damages, $23,912.50 in attorneys’ fees, and $2,105.58 in costs.
What happened
In Christianson v. Klang, Casey Ray Christianson asked the court to enter a judgment against John Babinski after Babinski failed to follow discovery orders and did not file an answer. The clerk had entered Babinski’s default.
The court found that Babinski falsely told other people that Christianson was a burglar who had stolen property. It ruled that these statements were defamatory and that Babinski’s conduct also unlawfully intruded into Christianson’s private affairs. Christianson established $100,000 in general damages and $79,768 in business-related damages.
Judge Donovan W. Frank granted the motion for default judgment. He ordered Babinski to pay Christianson $179,768, plus $23,912.50 in attorneys’ fees and $2,105.58 in costs.
The detailed version
- Christianson v. Klang · No. 0:20-cv-00565
- Donovan Frank
- Jan. 12, 2022
Background
Casey Ray Christianson sued, among others, John Babinski. Christianson personally served Babinski with the summons and complaint, but Babinski did not file an answer. The court previously granted Christianson’s motion for sanctions based on Babinski’s “willful and knowing” violation of discovery orders, including a judgment of default on all counts. The clerk entered Babinski’s default on November 23, 2021.
Christianson then moved for default judgment under Federal Rule of Civil Procedure 55(b)(2). No one appeared for Babinski at the January 7, 2021 hearing identified in the opinion.
Claims and findings
The court applied Minnesota law to Christianson’s defamation and intrusion-upon-seclusion claims. For defamation, Christianson had to show a false and defamatory statement, an unprivileged communication to a third party, and harm to reputation. The court explained that falsely accusing someone of a crime is defamation per se, meaning general damages may be presumed.
The court found that Babinski made false and defamatory statements to third parties accusing Christianson of being a burglar who had broken into and stolen property from Babinski’s property. The court found that the statements were unprivileged, harmed Christianson’s reputation, and were defamatory per se.
For intrusion upon seclusion, the court required an intrusion that was highly offensive and invaded a matter in which the person had a legitimate expectation of privacy. The court found that Babinski’s conduct met those requirements.
The court found that Christianson had substantiated $100,000 in general damages for emotional harm, humiliation, and reputational loss. It also found $79,768 in special damages, including $54,768 in lost 2019 business accounts and $25,000 spent on pest-control equipment and training. The total damages were $179,768.
Ruling
Judge Donovan W. Frank granted Christianson’s motion for entry of default judgment against John Babinski. The court ordered Babinski to pay Christianson $179,768, and directed that judgment be docketed against him.
The court also found Christianson’s request for $23,912.50 in attorneys’ fees and $2,105.58 in costs reasonable. It ordered Babinski to pay those amounts, which were to be incorporated into the final judgment.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.