Breaking News! Briana DeJesus Wins in Defamation Lawsuit Filed Against Her By ‘Teen Mom 2’ Co-Star Kail Lowry: Get the Court Details Broken Down

“We can still fight, of course, just not in court!”

The feud (and social media battle) between Teen Mom 2 stars Briana DeJesus and Kail Lowry may be on-going but their lawsuit is finally over.

The Ashley can reveal that, on Monday morning, a judge dismissed the defamation lawsuit Kail filed against Briana last year. In court documents obtained by The Ashley, Judge Robert Egan declared that “the case is hereby dismissed and Judgment is entered in favor of [Briana] and against [Kail].” The judgement came from the Judge’s chambers so it does not appear that a hearing took place. 

The judge wrote that he took all of the arguments, depositions and evidence into action to make this decision.

Then today is not a good day for Kail…

He also ruled that Briana’s Anti-SLAPP Motion for Summary Judgement has been granted. (FYI:  Anti-SLAPP– stands for “Strategic Lawsuit Against Public Participation,” and is defined by anti-SLAPP.org as lawsuits “used to silence and harass critics by forcing them to spend money to defend these baseless suits.”)

As for whether or not Kail will be responsible for paying Briana’s legal fees, that is still undetermined by the court.

“The Court reserves jurisdiction to consider the issue of entitlement to attorneys’
fees and the amount of same,” the judge ruled. (However, generally with anti-SLAPP motions in Florida, whichever party wins is entitled to recover attorney’s fees and costs.)

“And, yes, Ma, I’ll get you a new pair of throwin’ heels if Kail ends up having to pay me a ton of money!”

As The Ashley has previously reported, the lawsuit began in July 2021, when Kail filed a defamation lawsuit against Briana, claiming that an interview Bri gave to a clickbait site, as well as an Instagram Live session Briana did about ‘Teen Mom 2’ and Kail, caused Kail and her brand harm. During the interview in question— which Briana gave to Celebuzz on June 9—Briana claimed that Kail “physically beat” Chris Lopez (who is the father of Kail’s sons Lux and Creed), and broke into and entered the home of Chris’ mother.

Kail and Briana both gave depositions earlier this year, with Briana’s history with Chris coming into play, and Kail insisting that any sexual relationship between the two of them be disclosed and left on the public record, something Briana refused. (You can read all the things Briana confessed and said during her deposition by clicking here, and you can read Kail’s by clicking here!) 

Here, The Ashley breaks down the legal documents explaining why Kail’s lawsuit was dismissed:

Um…mission finally accomplished?

Why Kail lost: 

Anyway, according to the judge’s ruling, Kail lost the lawsuit due to a few major things. In Briana’s original August 2021 response to Kail filing her lawsuit, Briana filed a motion for summary judgement and claimed the lawsuit against her should be dismissed for two reasons: first, that Kail failed to comply with Florida’s pre-suit notice requirements; and second, that Kail’s lawsuit violated Florida’s “Anti-SLAPP” statute, which “prohibits so-called ‘strategic lawsuits against public participation.’” 

The judge ruled that Kail did not provide Briana proper notification of the lawsuit before she filed it. Since the alleged defamatory statements were made on social media (which qualifies as “other medium” in the eyes of the law), it was necessary for Kail to provide the pre-suit notification, which she did not.

This statement was determined to be a lie…

Next, it had to be decided if Briana qualified as a “media defendant.” If she did, that would again require the notification. However, because Bri’s Instagram Live broadcast only covered her own life and her involvement with ‘Teen Mom 2,’ it was ruled that she was not a media defendant. Still, Kail was required to provide the notification before filing because an Instagram Live broadcast qualifies as “other medium” and makes it necessary.

Moving on to the second part, it was ruled a SLAPP because the statements Briana made (both written and oral) were made in connection to a television show.

“Generally, anti-SLAPP statutes are designed to protect rights of free speech and prevent people from using courts to intimidate people from exercising their right of free speech,” the court docs read. “In Florida, §768.295 specifically protects ‘free speech in connection with public issues’ which is defined, in part, as ‘any written or oral statement that is protected under applicable law and … is made or in connection with a play, movie, television program…Because the statements at issue relate to the ‘Teen Mom 2’ television show, analysis under anti-SLAPP is appropriate.”

Briana was required to provide sufficient evidence that the anti-SLAPP motion applies, which she did. After that, the burden is shifted to Kail to prove that her claims against Briana are not based primarily on the First Amendment freedom of speech rights. The judge ruled that Kail did not do this.

Why the judge ruled that Briana’s statements about Kail’s arrest weren’t defamatory: 

The judge threw out the claims against Briana’s written Instagram post right away, stating that it isn’t defamatory because, legally, it contains protected speech that was either Briana’s opinion or statements that were actually true.

The judge wrote that Briana’s statement about Kail getting arrested after getting into a physical altercation with Chris was not defamatory because Kail “was, indeed, arrested for ‘allegedly’ having a physical altercation with Chris.”

“I said what I said!” 

As for Bri’s Instagram Live broadcast, the judge stated that it, too, contained mostly Briana’s opinions on topics such as her relationship with Kail and other ‘Teen Mom’ co-stars, why she felt certain footage was cut from an episode, and the opinion that Kail doesn’t want to film her “true life” for ‘Teen Mom 2’. 

The statement Kail claimed was defamatory– Briana’s statement that Kail “did not want to film about the situation with the domestic violence, about her getting arrested, about her breaking and entering in Kail’s mom, I mean into Chris’s mom’s house. She didn’t want to film about her hitting Chris, because Chris cut her son’s hair. She doesn’t want to film about any of that”– was determined not to be defamation.

The judge made this determination because Kail was arrested for a claim she battered Chris in his mom’s home after Lux’s haircut. 

Kail describing this lawsuit…

Although Briana’s statement that Kail committed “breaking and entering” was not determined to be fact, the judge ruled that “the mere addition of [Briana’s] statement
about ‘breaking and entering’ does not change the gist of the statement that [Kail]
had been arrested.”

The judge ruled that is was “widely publicized” that Kail had been arrested and “[Briana’s]
comments on the issue were substantially true. The damage to [Kail’s] reputation, if any, had already occurred when the incident was publicized by news media.”

Why the judge felt Briana did not make the statements with “actual malice”:

“I don’t know who this Alice chick is, my thanks biotch!”

Because Kail is a “limited public figure” due to her being famous from the show and other things, she also had to prove that Briana said what she said with “actual malice.” (In very broad terms, this means that Briana made the statements, knowing that they were false or with “reckless disregard for the truth,” knowing they were probably false but still saying them.)

Because she’s a public figure, Kail had to prove that Briana had a “high
degree of awareness of … probable falsity” of her statements. The judge stated that Kail failed to do this.

“[Kail] has provided insufficient evidence to establish by clear and convincing evidence that [Briana] knew, with a high degree of awareness, that her statements were false,” he wrote in the court docs.

He again stated that Bri’s claim that Kail committed breaking and entering did not change the fact that Kail had been arrested and “did not enhance the sting of previous publications about Lowry’s arrest.”

Furthermore, there was not enough evidence to prove that Briana knew her statement was false when she made it. 

Meanwhile…Javi can’t handle all of the drama between his two exes and needs a rest…

After the lawsuit was dismissed, Briana, Kail, Jade Cline and Briana’s mom Roxanne all weighed in on the decision. Click here to read what they all had to say. 

(Photos: MTV; Instagram; WEtv) 

 

 

 

 

 

28 Comments

  1. I don’t like either of them particularly but I REALLY dislike Kail. Like, a LOT. So this gave me great pleasure. LOL. She is a loser, she’s a bully and she thrives on drama. I am glad the judge had enough sense to see through her manipulative BS


  2. Anyone who read both those depositions knew this was coming. All this was from the beginning was Kail getting gorilla angry and thumping her chest.


  3. Winning is delicious or “the taste of sweet victory” should be the subtitle for the Briana picture. I have a plenty more to go with it😅


  4. Every time Kail tries to act all big and bad, Bri manages to slap her down. Kail is a clown that needs to grow the eff up and stop behaving the way she does.


  5. Good. I don’t like Briana, but I hope kail pays every cent of bri’s attorney/court fees and should also pay fees for filing such a petty BS lawsuit, which wasted time for people that actually need it. Stop abusing the justice system because someone said something you don’t like.


  6. That’s what she gets for constantly using the legal system to manipulate people. Now if only the judge could get her to stop with the fake PFA’s she has literally filed against every one of her baby daddies! She needs to grow up. The courts have more important things to do than sit there and go after everyone who talks bad about her.


  7. Ya win some, ya lose some

    Quitters never win, Kail, so pls file against someone else soon. Pls, for all of us.


  8. I don’t like either one but I am happy kail lost. The nerve of her to keep suing people! She’s so toxic and annoying.


  9. But Karl wasn’t arrested, she was never put in handcuffs!! She was only told she had a warrant and she turned herself into the police department and took a mugshot and fingerprints and saw a judge and was released.


  10. I’m no fan of Briana, but this is great news! Kail is a horrendous beast who thinks she is top dog, and too big and bad for anyone to go up against. Glad Briana won!!


  11. I have to go cook dinner, I just refreshed the page and saw the article. I will read it after dinner, but before I do, allow me to say, Kail is NOT always right.


  12. Kail: I don’t think I was actually arrested.
    Judge: No, bitch, you were arrested. We have your mugshot. You were behind bars. BYE!


    1. That was so funny. She really showed her privilege and inability to comprehend things actually happening to her.


  13. Not only did Kail fail to bully Brianna, but she most likely has to pay her legal fees too. Oh the irony. I don’t like Brianna either but come on this suing everyone has to stop at some point. PFAs, NDAs, defamation lawsuit, like she’s some big accomplished someone. Nope, she’s a nobody from a failing trash reality show who became somewhat famous for getting knocked up at 17.


  14. Kail is NOT always right!
    What a waste of money from this moron.
    I hope she has to pay Brianas legal fees.
    Kail will be losing her mind about this. Watch her talk shit about Bri on her own IG now 😂


  15. I can’t stand either of them. Kail’s lawsuit was ridiculous and a waste of time & court resources. I knew she was going to lose. We will now hear Bri’s big, fat mouth gloating over what she will see as a victory. Neither are victorious, they are both losers.


  16. Hilarious. I bet Kail is seething with rage. I hope she has to pay Briannas legal fees lol. Kail, go shut up now and grow up.


  17. This outcome was ridiculously obvious from the start. Kail should be embarrassed that she wasted so much money and time on something so frivolous


  18. What a waste of money and the court’s time. Maybe petty betty will learn to save her money she’s got four kids and two of those kids’ father doesn’t pay a cent in child support.

    She’s got to make that money last until Creed is 18.


  19. Maybe, just maybe, Kail will stop bullying everybody she’s ever met with the threat of lawsuits. I’m sooo glad that the judge saw through Kail’s b.s. She thinks that because she has more money than the people she sues she will automatically win. This should humble her but I’m sure the Hulk is raging right now.


    1. She’s literally threatening her ex right now with violating their NDA and homeboy POSTED SCREENSHOTS telling her that shit was up in February. All because he posted a comment to The Shade Room’s post about her. She’s got shit coming at her left and right of people telling her to STFU with the “I’ll sue you” bullshit and it’s hilarious.

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