Legal Opinion
Mandel v. Boston Phoenix, Inc.
Court of Appeals for the First Circuit
Decided August 3, 2006No. 05-1230PublishedCited by 74 opinions
1Opinion of the Court
AMENDED OPINION *
SELYA, Circuit Judge.
The oenologist’s creed teaches that we should drink no wine before its time. Much the same principle applies to summary judgment; it is a deliciously helpful device if properly timed, but one that can leave a sour taste if brought to bear on an insufficiently fermented record.
This appeal, which follows on the heels of a substantial verdict in a defamation suit, is a paradigmatic example of the point. The briefs before us raise a plethora of First Amendment issues. At the threshold, however, lies the preliminary question on which the appeal ultimately…
2Cases cited38 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
33 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Cabán Hernández v. Philip Morris USA, Inc.Court of Appeals for the First Circuit · 2007
- Calvi v. Knox CountyCourt of Appeals for the First Circuit · 2006
- Rodriguez v. Municipality of San JuanCourt of Appeals for the First Circuit · 2011
- Rios-Jimenez v. PrincipiCourt of Appeals for the First Circuit · 2008
- Spratt v. Rhode Island Department of CorrectionsCourt of Appeals for the First Circuit · 2007
69 more not listed; retrieve them via the Exa API.