Leonardini v. Shell Oil Co.
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SPARKS, J.
In this malicious prosecution action we are called upon to resolve the clash between the claimed right to enjoin a trade libel and the constitutional right of free speech. The case had its genesis in an earlier but unsuccessful attempt to obtain an injunction against the publication of a report concerning the safety of plastic pipes for domestic water use. The published report was first filed in the record of the governmental agency conducting hearings on the question and was then later disseminated elsewhere. We resolve the conflict in favor of free speech.
The central…
2Cases cited50 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
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3Cited by70 opinions
- Careau & Co. v. Security Pacific Business Credit, Inc.California Court of Appeal · 1990
- Crowley v. KatlemanCalifornia Supreme Court · 1994
- ComputerXpress, Inc. v. JacksonCalifornia Court of Appeal · 2001
- Isuzu Motors Ltd. v. Consumers Union of United States, Inc.District Court, C.D. California · 1998
- Estate of Tucker Ex Rel. Tucker v. InterscopeCourt of Appeals for the Ninth Circuit · 2008
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