Washington apple growers failed to prove '60 Minutes' claims about Alar were false
Article Abstract:
The US Court of Appeals for the Ninth Circuit ruled in Auvil v. CBS '60 Minutes' that a group of Washington apple growers failed to prove falsity in their product disparagement suit against '60 Minutes.' The news magazine aired a story in 1990 claiming that Alar, or Daminozide, which was being sprayed on apples, posed cancer risks. The growers argued that tests demonstrating the harmfulness of the chemical were inconclusive but did not assert that the chemical was safe. The court ruled the proof of falsity was inadequate but did not address standing issues.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1995
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Burden is on plaintiff to prove falsity when media party moves to dismiss suit
Article Abstract:
The Pennsylvania Supreme Court found in Ertel v. Patriot-News Co. that summary judgment for the defendant newspaper was appropriate because the plaintiff in the libel suit failed to present any evidence of falsity. An attorney reviewed a murder case and developed a report that found the prosecutor engaged in manipulation or tampering. Though he passed this report on to the Patriot-News reporter, the Court found he was entitled to summary judgment as well because he did not procure publication.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1996
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Defamation plaintiffs must prove actual damage to reputation: lawyer erroneously identified as filing for bankruptcy could not show report caused harm
Article Abstract:
The Iowa Supreme Court, in Schlegel v. Ottumwa Courier, ruled that plaintiffs in defamation suits must prove actual injury to reputation. Attorney Richard Schlegel sued the newspaper that had mistakenly labeled him as filing for bankruptcy. The Court dismissed Schlegel's suit on grounds that he adduced no evidenced establishing actual damage to his reputation because of the erroneous report. The Court refused to recognize emotional distress alone as sufficient injury.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1999
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