Legal Opinion
Disend v. Meadowbrook School
Massachusetts Appeals Court
Decided December 8, 1992No. 91-P-908PublishedCited by 24 opinions
1Opinion of the CourtKass, J.
On the ground that the allegedly libelous document was, on its face, devoid of defamatory content, a Superior Court judge dismissed the complaint in this case for failure to state a claim for which relief can be granted. See Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974). The plaintiff Donna Disend has appealed. We think the words complained of can reasonably be understood in a defamatory sense and, therefore, reverse the judgment of dismissal.
Although three purportedly injurious letters were attached to the complaint, the libelous sting is arguably present only (as the plaintiff has conceded…
2Cases cited15 opinions
- Nader v. CitronMassachusetts Supreme Judicial Court · 1977
- Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1987
- Myers v. Boston Magazine Co., Inc.Massachusetts Supreme Judicial Court · 1980
- Cole v. Westinghouse Broadcasting Co., Inc.Massachusetts Supreme Judicial Court · 1982
- Foley v. Lowell Sun Publishing Co.Massachusetts Supreme Judicial Court · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Noonan v. Staples, Inc.Court of Appeals for the First Circuit · 2009
- Brum v. Town of DartmouthMassachusetts Appeals Court · 1998
- Reilly v. Associated PressMassachusetts Appeals Court · 2003
- Moss v. Camp Pemigewassett, Inc.Court of Appeals for the First Circuit · 2002
- South Middlesex Opportunity Council, Inc. v. Town of FraminghamDistrict Court, D. Massachusetts · 2010
19 more not listed; retrieve them via the Exa API.