Allen Chadwick Burbage v. W. Kirk Burbage and Burbage Funeral Home

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that qualified privilege “operates as an affirmative defense in the nature of confession and avoidance”
• concluding that the jury could not reasonably infer that defamations at issue caused the cancellations when the cancellations could have occurred for any number of reasons
• holding that no evidence supported an award of actual damages where “the jury cannot reasonably infer that defamation caused the [contract] cancellations when the cancellations could have occurred for any number of reasons”
• holding that a “jury cannot reasonably infer that defamation caused the [business] cancellations when the cancellations could have occurred for any number of reasons,” particularly since appellee never asked the customers why they cancelled their business with his company
• holding that “the jury cannot reasonably infer that defamation caused the cancellations when the [business] cancellations could have occurred for any number of reasons,” particularly since appellee never asked customers about reasons for cancelation
• noting that evidence in support of vital fact does not rise above scintilla if it creates mere surmise or suspicion of vital fact

Source: CourtListener parenthetical corpus (CC0).