Foley v. WCCO Television, Inc.

I respectfully dissent. I do not find this complicated case at this time, on this record, appropriate for disposition by a Rule 12 motion for judgment on the pleadings and/or summary judgment.

The voluminous record contains numerous disputed fact issues and allegations by appellant that key facts were known, but omitted or slanted. Appellant argues vigorously that a jury is entitled to see the entire picture, and that if they resolve certain inferences in his favor actual malice could be found. There are several key areas in dispute. What did appellant actually know; what did appellant…