Legal Opinion

Harris v. Tomczak

District Court, E.D. California

Decided July 12, 1982No. Civ. No. S-80-206 LKKPublishedCited by 15 opinions

1Opinion of the Court

OPINION AND ORDER

KARLTON, District Judge.

Plaintiffs, Dr. Thomas Harris and his wife Amy Harris, authors of “I’m Okay— You’re Okay,” brought this defamation action seeking damages from defendant Tomczak and others. The defendants have brought on a variety of motions. This published opinion will be restricted to considering defendant Tomczak’s motion for partial summary judgment requesting that this court find that the plaintiffs are “public figures.”1 The effect of such a holding, of course, would be to require plaintiffs to prove “constitutional malice” in order to prevail. Curtis Publishing…

2Cases cited72 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  5. Speiser v. RandallSupreme Court of the United States · 1958

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3Cited by15 opinions

  1. Richards v. Nielsen Freight LinesDistrict Court, E.D. California · 1985
  2. Sierra Club v. WattDistrict Court, E.D. California · 1985
  3. Marcone v. Penthouse International Magazine for MenCourt of Appeals for the Third Circuit · 1985
  4. Barry v. Time, Inc.District Court, N.D. California · 1984
  5. Bay View Packing Co. v. TaffCourt of Appeals of Wisconsin · 1995

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