Emily Moreno filed a motion on Wednesday seeking the dismissal of a defamation lawsuit brought earlier this month by her ex-husband, Rep. Max Miller (R-OH).
Moreno, the daughter of Sen. Bernie Moreno (R-OH), had claimed Miller threw scalding water at her in front of their young daughter in 2024. She made the domestic abuse allegations to news outlets, including the Daily Mail. Moreno also alleged he hit her during a custody exchange involving their two-year-old child in February.
Miller denied the allegations and sued his ex-wife for defamation in state court, insisting he was falsely accused of “being a violent and abusive husband and father.” The May 13 complaint said that Miller is seeking at least $25,000 in damages.
The defendant’s lawyers moved to dismiss the complaint under a new Ohio law that protects citizens from lawsuits designed to silence free speech on matters of public concern.
“Accusations of abuse against a congressman/congressional candidate are matters of public concern—and are protected speech within UPEPA’s scope,” the new motion states, referencing the Uniform Public Expression Protection Act.
Her attorneys argued the defamation complaint is invalid because Ohio’s one-year statute of limitations had expired. They say the statute of limitations was triggered when their client defamed the plaintiff, not when her words were published in recent news reports.
“Ms. Moreno did not cause The Daily Mail and other news outlets to publish the truth that Congressman Miller threw hot water on her,” her motion states. “But even if she did, that speech would have been the same protected speech that the First Amendment and UPEPA were designed to protect.
“This lawsuit is the latest chapter in Congressman Miller’s well-established pattern of wielding his power and his fortune as weapons to crush his critics, intimidate his accusers, and silence the victims of his own misconduct,” the court document reads.
In representing Moreno, lawyers with the Chandra Law Firm are asking the Cleveland-based Cuyahoga County Common Pleas Court to dismiss the case with prejudice and order Miller to pay the attorney fees and court costs imposed on his former spouse. They also requested an expedited hearing on the motion to dismiss in the next 60 days.
Miller filed for divorce in August 2024 on the couple’s second wedding anniversary.
MAX MILLER SUING EX-WIFE EMILY MORENO FOR DEFAMATION OVER DOMESTIC ABUSE CLAIMS
The congressman brought a separate case against Moreno in February, accusing her of pushing false domestic violence allegations. He used the case as part of an apparent bid to get her away from their daughter as the custody battle continues following their divorce.
Miller moved to voluntarily dismiss that case on Tuesday to maintain the “well-being and best interests” of their child. He did not try to dismiss his defamation lawsuit.