Legal Opinion

Freeman v. Johnston

New York Court of Appeals

Decided June 30, 1994PublishedCited by 44 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

In this action for defamation, the question is whether summary judgment was correctly granted to defendant dismissing the complaint. We agree with the Appellate Division that the evidence was insufficient to allow a rational fact finder to find actual malice by clear and convincing evidence.

This controversy arises from the publication of defendant Moira Johnston’s book, "Takeover — The New Wall Street Warriors: The Men, The Money, The Impact,” chronicling recent contests in the world of corporate takeovers. Plaintiff Brian Freeman, who brought this action for…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. St. Amant v. ThompsonSupreme Court of the United States · 1968
  5. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967

5 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Guerrero v. CarvaAppellate Division of the Supreme Court of the State of New York · 2004
  2. Kipper v. NYP Holdings Co.New York Court of Appeals · 2009
  3. Cerasani v. Sony Corp.District Court, S.D. New York · 1998
  4. Curry v. RomanAppellate Division of the Supreme Court of the State of New York · 1995
  5. Khan v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 2000

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