Legal Opinion
Kelly v. Schmidberger
Court of Appeals for the Second Circuit
Decided November 20, 1986No. 1490, Docket 85-7931PublishedCited by 39 opinions
1Opinion of the Court
LASKER, Senior District Judge.
Plaintiffs-appellants Clarence Kelly, Anthony Cekada, Daniel Dolan and Donald Sanborn appeal from a final judgment of the United States District Court for the Southern District of New York (Pierre N. Leval, Judge) granting summary judgment to defendants and dismissing the complaint for failure to state a claim for actionable libel. Appellants allege that the district court erred, as a matter of law, in dismissing their complaint after concluding that the statements which form the basis for this action were “assertions of opinion and as such protected by the First…
2Cases cited15 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Melanie Geisler v. Orlando R. Petrocelli and Pinnacle Books, Inc.Court of Appeals for the Second Circuit · 1980
- Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
- James v. Gannett Co.New York Court of Appeals · 1976
- Mencher v. ChesleyNew York Court of Appeals · 1947
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bentley v. BuntonTexas Supreme Court · 2002
- Phillips v. GirdichCourt of Appeals for the Second Circuit · 2005
- In Re Vivendi Universal, S.A. Securities LitigationDistrict Court, S.D. New York · 2003
- Phillips v. GirdichCourt of Appeals for the First Circuit · 2005
- Northrop v. Hoffman Of Simsbury, Inc.Court of Appeals for the Second Circuit · 1997
34 more not listed; retrieve them via the Exa API.