Ex-wife files motion to dismiss congressman's defamation lawsuit

Emily Moreno filed a motion on Wednesday seeking 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 alleged to news outlets that Miller threw scalding water at her in front of their young daughter in 2024 and struck her during a February custody exchange.

Miller denied the allegations and filed the defamation complaint in state court on May 13, seeking at least $25,000 in damages.

timing Moreno's attorneys moved to dismiss under Ohio's Uniform Public Expression Protection Act, arguing that accusations of abuse against a congressman are matters of public concern and protected speech. The motion also asserted that the one-year statute of limitations had expired because it began when Moreno made the statements, not when they appeared 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," the motion states. The filing asked the Cuyahoga County Common Pleas Court to dismiss the case with prejudice and order Miller to pay attorney fees and court costs.

Separate custody-related case Miller filed for divorce in August 2024.

He brought a separate case against Moreno in February accusing her of pushing false domestic-violence allegations and later moved to dismiss that case on Tuesday to protect the well-being of their child. The defamation lawsuit remains active.