Legal Opinion

Desai v. Hersh

District Court, N.D. Illinois

Decided July 14, 1989No. 83 C 4232PublishedCited by 12 opinions

1Opinion of the Court

AMENDED ORDER

NORGLE, District Judge.

Before the court is defendant’s motion to dismiss Counts II, III and IV of plaintiff’s four-count amended complaint, which seeks in the aggregate $185 Million in damages, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, the motion is granted in part and the remainder treated as a motion for summary judgment, with further briefing allowed.

FACTS

Plaintiff, Moraiji Desai, is a citizen of India. In his own words, he has served India as a “judge, state official, member of Parliament, cabinet member, finance minister,…

2Cases cited33 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  3. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  5. Stromberg v. CaliforniaSupreme Court of the United States · 1931

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3Cited by12 opinions

  1. Yahoo! Inc. v. La Ligue Contre Le Racisme Et L'antisemitismeCourt of Appeals for the Ninth Circuit · 2006
  2. Telnikoff v. MatusevitchCourt of Appeals of Maryland · 1997
  3. Boley v. Atlantic Monthly GroupDistrict Court, District of Columbia · 2013
  4. Yahoo!, Inc. v. La Ligue Contre Le Racisme Et L'AntisemitismeDistrict Court, N.D. California · 2001
  5. Lopez v. Univision Communications Inc.District Court, S.D. New York · 1999

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