Connolly v. Labowitz
Superior Court of Delaware
1Opinion of the Court
TAYLOR, Judge.
Defendants 1 have moved for a ruling in advance of trial with respect to certain evidentiary matters.
I
The first issue is the extent of Dr. Connolly’s burden of proof with respect to the falsity of the alleged statements of Dr. Labowitz. Dr. Labowitz cites Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. -, 106 S.Ct. 1558, 89 L.Ed.2d 783 (1986) in support of that position. Hepps involved a libel action brought against a newspaper publisher. The state court held that the plaintiff need not show falsity of the statement and that plaintiff need only show fault on the part of the…
2Cases cited23 opinions
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.Supreme Court of the United States · 1985
- Philadelphia Newspapers, Inc. v. HeppsSupreme Court of the United States · 1986
- Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
- Good Government Group of Seal Beach, Inc. v. Superior CourtCalifornia Supreme Court · 1978
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kuroda v. SPJS Holdings, L.L.C.Court of Chancery of Delaware · 2009
- Ramunno v. CawleySupreme Court of Delaware · 1998
- Lipson v. Anesthesia Services, P.A.Superior Court of Delaware · 2001
- Smiley v. Daimler ChryslerDistrict Court, D. Delaware · 2008
- Parker v. Learn the Skills Corp.District Court, D. Delaware · 2008
12 more not listed; retrieve them via the Exa API.