Jenkins v. Weis

I respectfully dissent. I would reverse the trial court’s denial of Jenkins’s motion for a new trial on the defamation claim because the evidence does not establish the truthfulness of the defamatory statements. I would also reverse the trial court’s dismissal of the claims of intentional infliction of emotional distress and invasion of privacy because Jenkins had no notice and opportunity to be heard on the court’s sua sponte action. In view of these crucial errors, I would reverse and remand the case for further proceedings.

Truth of Defamatory Statements

Jenkins challenged the jury’s verdict…