Damages in Food Lion fraud, trespass suit reduced by court; judged calls $5.5 million punitive damages award 'disproportionate' to actual damages
Article Abstract:
A federal district court reduced exemplary damages for fraud and trespass in Food Lion, Inc. v. Capital Cities/ABC, calling the $5.5mil award against ABC for fraud and trespass perpetrated by false applications for employment when the purpose was to investigate union reports of defective food handling practices at the chain out of proportion to actual damages suffered. The damages were reduced for various reasons including violation of the Constitution's requirement precluding excessive damages.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1997
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Legal proof fails as ethics standard
Article Abstract:
The trend of the 1990s of journalists adopting professional ethical codes may curtail their publishing or broadcasting information the public is entitled to know. Remedies for inaccurate or false news stories have been curtailed by the 1964 Supreme Court decision in New York Times v. Sullivan, and a poll suggests the public does not always find retractions adequate remedy. However, journalism is not about meeting legal standards of proof, but of informing the public of the truth.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1998
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'Sludge Train' charges were opinion, court finds
Article Abstract:
The 5th Circuit Court ruled that MercoJoint Venture failed to show actual malice when it was awarded $5 million in a case against TriStar Television. The case involved a television news show that profiled the transport and disposal of New York, NY's sewage sludge. Merco neither showed that the statements were false nor that they were made with malice. Additionally, the exemplary damage award was unconstitutional under Texas law because only nominal damages were suffered.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1997
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