July 22, 2010

Torts.

Practice point: A libel action must allege statements of fact, not opinion.

Students should note that an opinion statement is not actionable even if it is accompanied by a recitation of facts on which it is based.

Case: Halstead v. Strauss, NY Slip Op 05731 (2d Dept. 2010)

Here is the opinion.

Tomorrow’s issue: Motion practice.