Friday, December 27, 2013

Gunder v. New York Times Co. case brief

Gunder v. New York Times Co. case brief summary
37 F.Supp. 911 (1941)

CASE SYNOPSIS
Plaintiff alleged libel victim moved for an order striking out all of the affirmative defenses in the answer as legally insufficient, and striking out specific paragraphs as irrelevant. Defendant alleged libeler opposed the motion on the merits and also challenged the sufficiency of the complaint, asking that it be dismissed.

CASE FACTS
An alleged libel victim moved for an order striking out all of the affirmative defenses in the answer as legally insufficient, and striking out specific paragraphs as irrelevant. The alleged libeler opposed the motion on the merits and also challenged the sufficiency of the complaint, asking that it be dismissed.

DISCUSSION

  • The court examined the complaint and found that there was no cause of action stated in it. 
  • The alleged libel victim claimed that only a small portion of the article written about him was libelous. The court read the entire article and its headline and found no evidence of libel within. 
  • The court concluded that the innuendo charged in the complaint was unwarranted and had to be dismissed.
CONCLUSION
The court denied the motion by the alleged libel victim and dismissed the alleged libel victim's complaint.

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