Mosler v. Whelan

The opinion of the court was delivered by

Ekastcis, J.

Plaintiff sought compensatory and punitive damages, claiming that defendant had libelled him. The jury unanimously decided otherwise. However, the Appellate Division reversed on the ground that the publication in issue was libelous per se. We granted certification.

The evidence adduced at the trial might well justify a description of the Borough of Paramus, locale of origin of this controversy, as a seething cauldron of political tempest. Such characterization is not disparaging of the borough, for controversy in political and civic affairs…