Legal Opinion · Concurring in part, dissenting in part

Giduck v. Niblett

Colorado Court of Appeals

Decided July 3, 2014No. Court of Appeals No. 13CA0775Published

1Concurring in part, dissenting in part

JUDGE VOGT,

concurring in part and dissenting in part:

¶ 48 I agree with the majority that, under Walden v. Fiore, 571 U.S. -, 134 S.Ct. 1115, 188 L.Ed.2d 12 (2014), the district court could not assert personal jurisdiction over the nonresident defendants based on their defamatory statements. I also agree that the two statements attributed to the Colorado defendant, Martin, were constitutionally protected statements of opinion that could not afford a basis for liability for defamation. Accordingly, I concur in the majority’s resolution of the issues addressed in Parts II and III of the opinion.…

2Cases cited12 opinions

  1. Walden v. FioreSupreme Court of the United States · 2014
  2. Arlan G. Schaedler v. Reading Eagle Publication, IncCourt of Appeals for the Third Circuit · 1967
  3. Classic Auto Sales, Inc. v. SchocketSupreme Court of Colorado · 1992
  4. Fry v. LeeColorado Court of Appeals · 2013
  5. Hemmann Management Services v. Mediacell, Inc.Colorado Court of Appeals · 2007

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