The lawsuit Tom Scholz filed against the Boston Herald for defamation has been dismissed by a Superior Court judge.

In 2010, Tom filed the suit against the Boston Herald, as well as two of their reporters, Gayle Fee and Laura Raposa for defamation in response to articles published shortly after Brad Delp's suicide in 2007, which included quotes from Brad's ex-wife Micki Delp. The quotes implied that Tom was to blame for Brad's death. The lawsuit asserted that at least two of the quotes were fabricated. as Micki had testified in another lawsuit that she didn't make at least two of the statements. According to the recent article by the Boston Herald regarding this issue, Micki has stated under oath that she was quoted accurately and that the Herald had accurately summarized her opinions.

Judge Frances A. McIntyre ruled that Scholz had "no reasonable expectation" of proving the statements in the articles were false and that the statements about Delp's suicide were non-actionable opinions. The judge also stated that "considering the context of the article…it would only be reasonably perceived as an opinion held by …persons with some familiarity with the situation. No other interpretation is reasonable."

It is not known at this time if Tom will appeal the decision.