Judge denies special motion to dismiss Jean-Pierre Conte’s counterclaims for defamation

Aspen Times file
Pitkin County District Court Judge Christopher Seldin denied a special motion on Wednesday requesting to dismiss counterclaims filed by Jean-Pierre Conte, chairman and managing director of the private equity firm Genstar Capital, against his former girlfriend after she accused Conte of assault.
Hillary Thomas, Conte’s former girlfriend of over nine years, initially filed her suit last September in Aspen, claiming that he committed assault, battery, and violated the terms of a 2021 separation agreement. She further claimed in her lawsuit that she helped parent his four children and her two children “whom they raised in a blended family.”
According to Thomas’ lawsuit, Conte assaulted her in January 2022 at their shared home on King Street in Aspen. She also claims he engaged in a smear campaign against her when she would not comply with his demands.
Conte then filed a counterclaim suit through Pitkin County against Thomas the following month for defamation, with his legal team stating the accusations to be “false” and “pure fiction.”
Both Conte and Thomas appeared virtually through counsel on Wednesday. The court concluded under McGeorge v. Cont’l Airlines that the counterclaims here “provide sufficient notice of the communications complained of to allow (Thomas) to defend” herself.
According to court documents, the statements Conte alleged Thomas made to third parties corresponded with allegations she then relied upon in the litigation for her own claims against him.
Thomas’ declaration submitted in connection with the special motion also acknowledged the making of statements relating to the subject matter of the litigation. Accordingly, the court found she had sufficient notice of the basis for the defamation counterclaims.
The court further concluded the analysis closely tracked the analysis in LSS v SAP, as Conte alleged Thomas made the defamatory statements in an effort to obtain monetary concessions from him.
To reach Jonson Kuhn, email him at jkuhn@aspentimes.com.
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