Legal Opinion
Melaleuca, Inc. v. Clark
California Court of Appeal
Decided September 29, 1998No. D028639, D029533PublishedCited by 35 opinions
1Opinion of the Court
Opinion
BENKE, J.
If this appeal turned solely on the question of whether statements defendant and appellant Huida Regehr Clark has published about products distributed by plaintiff and respondent Melaleuca, Inc. (Melaleuca), are true, there is little doubt Melaleuca would prevail. There is simply no scientific basis for Clark’s conclusions about Melaleuca’s products, and the acceptable scientific evidence which is in the record entirely refutes Clark’s conclusions.
However, the law of defamation and the law of injurious falsehood require that a plaintiff prove far more than the publication of a…
2Cases cited24 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
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3Cited by35 opinions
- Suzuki Motor Corporation and American Suzuki Motor Corporation v. Consumers Union of United States, Inc., a Non-Profit New York CorporationCourt of Appeals for the Ninth Circuit · 2003
- Wilbanks v. WolkCalifornia Court of Appeal · 2004
- People v. DavisCalifornia Supreme Court · 2013
- Logacz v. LimanskyCalifornia Court of Appeal · 1999
- Elec. Frontier Found. v. Global Equity Mgmt. (SA) Pty Ltd.District Court, N.D. California · 2017
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