Libel suit reinstated over 'malice' definition confusion

News Media and the Law | July 1, 1998| | Copyright

In June a federal appeals court in Atlanta (11th Cir.) granted a new trial to a man who lost a libel suit against Time magazine.

The court held that instructions given by the judge to the jury at the end of the trial in a federal district court in Atlanta could have created confusion about what the plaintiff had to prove to win his suit against the magazine. The confusion arose between the state law's definition of libel as "a false and malicious defamation" and the law's requirement that a plaintiff who wishes to avoid proving that his reputation was actually damaged must prove that the ...

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