Legal Opinion

Charles Sivelle v. Fred N. Maloof, Fred N. Maloof v. Charles Sivelle

Court of Appeals for the First Circuit

Decided March 2, 1967No. 6991_1PublishedCited by 10 opinions

1Per curiam

This is an action for libel in which the defendant was defaulted. The court assessed damages, after hearing, of $2,500.00, plus attorney’s fees. Both parties appealed. Plaintiff’s appeal asserting the award of damages to be inadequate is wholly frivolous. The claimed special damages were problematical, at best, if not entirely speculative. There could be no error in the court’s rejection thereof. As to general damages, libel is a classic situation where an award will rarely be disturbed for inadequacy. See, e. g., Kruglak v. Landre, 1965, 23 A.D.2d 758, 258 N.Y.S.2d 550 ($100 damages);…

2Cases cited3 opinions

  1. Lufkin v. HitchcockMassachusetts Supreme Judicial Court · 1907
  2. Kruglak v. LandreAppellate Division of the Supreme Court of the State of New York · 1965
  3. Naihaus v. Louisiana Weekly Publishing Co.Supreme Court of Louisiana · 1932

3Cited by10 opinions

  1. Louis M. Damiani, M.D. v. Rhode Island HospitalCourt of Appeals for the First Circuit · 1983
  2. Eugene Eisler and Elizabeth Eisler v. Nathan StritzlerCourt of Appeals for the First Circuit · 1976
  3. Harold Affanato v. Merrill Brothers and Cianbro Corporation, Appeal of Cianbro CorporationCourt of Appeals for the First Circuit · 1977
  4. Kozlowski v. Sears, Roebuck & Co.District Court, D. Massachusetts · 1976
  5. Partlow v. Hertz Corp.Massachusetts Supreme Judicial Court · 1976

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API