Friday, March 18, 2016

Pras from The Fugees Gets to Replead His Defamation Suit!


It's coming back to Judge Cohn:
While we believe the district court correctly dismissed the complaint, we reach that conclusion for different reasons.  Because a reasonable reader of the article would have concluded that it presented statements of fact (not just non actionable opinion), the article is not privileged against a defamation action.  But because Michel has failed to adequately plead facts giving rise to a reasonable inference that the defendants published the article with actual malice, he has nonetheless failed to state a claim; accordingly, the complaint was properly dismissed.  However, the dismissal should have been entered without prejudice, and Michel given leave to amend his complaint.
This should be fun!

Happy Friday, plebes!

1 comment:

Anonymous said...

Happy Friday SFL and remember to Dump Drumpf!