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To: xzins

Regardless, a defamation claim requires a false statment of fact made knowing it to be false or with reckless disregard of its truth of falsity which caused damages to the plaintiff. I still have not heard what the alleged false statement of fact is. (and I’m to lazy to dig up the 200+ page complaint and read it.)


40 posted on 09/14/2012 5:49:47 AM PDT by circlecity
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To: circlecity; P-Marlowe

First, the standard of private versus public is different. A private person or company simply needs to show that any statement has lowered public estimation of them. BPI is a private company. Falsely claiming that the company has been involved in some kind of misconduct with their product is defamatory. Their product was approved and certified by the USDA.

This is where ABC being a news operation comes into play. If they are just expressing an opinion, then that is not open to defamation charges. I assume that’s what ABC will say.

That is why a corporate link would be important, that it had a motive beyond simply offering an opinion.


51 posted on 09/14/2012 6:06:33 AM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: circlecity

Seems the obvious is escaping a lot of folks. ABC claims the product is bad for you (i.e. unhealthy). It’s no less healthy than a steak at a 5-star restaurant. It’s beef, and ABC is saying that it’s something else. I’d say that’s a reckless disregard for the truth or falsity of their claim that it’s something else.


114 posted on 09/14/2012 12:48:22 PM PDT by DeltaZulu
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