Schafer v. Time, Inc.
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BIRCH, Circuit Judge:
This diversity case requires us to parse the often conflicting and confusing concepts of malice as they have evolved in Georgia’s libel laws. After instructing the jury on the applicable law and receiving a subsequent request to define “malicious defamation,” the district court instructed the jury that before the plaintiff-appellant could recover for libel he had to show that the defendant-appellee made a “statement deliberately calculated to injure.” We REVERSE the district court on this issue and REMAND this case for a new trial.
This appeal also presents a number of…
2Cases cited47 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
- Samuel F. Johnson v. Norwood Bryant, an Individual, Master Norwood Inc.Court of Appeals for the Eleventh Circuit · 1982
- Louis F. Rosanova v. Playboy Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1978
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3Cited by19 opinions
- Gibson v. Mayor And Council Of The City Of WilmingtonCourt of Appeals for the Third Circuit · 2004
- Oladeinde v. Birmingham, City ofCourt of Appeals for the Eleventh Circuit · 2000
- Delaware Valley Floral Group, Inc. v. Shaw Rose Nets, LLCCourt of Appeals for the Federal Circuit · 2010
- World Wide Ass'n of Specialty Programs v. Pure, Inc.Court of Appeals for the Tenth Circuit · 2006
- Johnson v. Citimortgage, Inc.District Court, N.D. Georgia · 2004
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