Torts
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Authors
Rossiter, Robert F. Jr.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|It is a well-recognized rule of law that three elements must coexist before a defamatory statement will be regarded as actionable. There must have actually been a defamatory statement that statement must have been published and the person bringing the action must have been identified in the publication.|Although the absence of any one of these three components would deny recovery to a complainant, the identification element gives rise to a large number of perplexing problems. In Schuster v. U.S. News & World Report, plaintiffs faced just such an identification problem. The Eighth Circuit, applying Minnesota law in the diversity action, denied recovery to plaintiffs in a context which, at the very least, should have afforded them an opportunity to litigate the issue before a factfinder...
Description
Citation
13 Creighton L. Rev. 1473 (1979-1980)
Publisher
Creighton University School of Law