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Legal Opinion

Nelle v. Who Television, LLC

District Court, S.D. Iowa

Decided October 18, 2018No. 4:17-cv-00107Published

1Opinion of the Court

B. Libel Per Quod

Count Two of the Complaint alleges Defendants defamed all Plaintiffs through the airing of a series of broadcasts stating or implying various questionable business dealings with Gregory, including alleging the unlawful altering of the price term of a home-repair contract without Gregory's knowledge or consent and seeking liquidated damages based on that price term.

Under Iowa law, a plaintiff must prove five elements in order to prevail on a libel per quod claim: (1) publication, (2) of a false, defamatory statement, (3) concerning the plaintiff, (4) with the appropriate level…

2Cases cited39 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. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. St. Amant v. ThompsonSupreme Court of the United States · 1968
  5. Garrison v. LouisianaSupreme Court of the United States · 1964

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