Cortez v. Jo-Ann Stores, Inc.

How courts have described this case

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

• nonmoving party may not simply rest on pleading and must designate evidence to trial court
• plaintiff has burden of establishing that protection of qualified privilege was lost because defendant abused privilege
• “[i]f a plaintiff in a defamation per quod case cannot demonstrate pecuniary damages, then the plaintiff cannot recover for emotional and physical harm”
• “The existence of a qualified privilege does not change the actionable nature of the words spoken. Rather the privilege rebuts the element of malice implied by law for the making of a defamatory statement.” (citation and internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).