John S. Hausman of The Muskegon Chronicle is reporting that a Muskegon County judge has thrown out the "defamation of character" portion of rock-star Ted Nugent's lawsuit against Muskegon Summer Celebration, ruling that no evidence exists to justify taking it to trial.
Still alive is Nugent's "breach of contract" claim, which was not at issue in a hearing Monday before 14th Circuit Judge Timothy G. Hicks.
Hicks ruled from the bench after hearing arguments from lawyers for Nugent, Muskegon Summer Celebration and Timothy Achterhoff, the festival's president and former chairman, whom Nugent is suing individually. The judge granted the defendants' motion to dismiss Nugent's slander claim without trial, an action known as "summary disposition."
Hicks decided festival officials did not defame Nugent's character in published remarks they made after news reports about racial slurs Nugent allegedly made in a Denver radio interview on May 5, 2003. The festival wound up canceling the rocker's scheduled June 2003 performance after controversy arose over the remarks. Read more.