Dan E. Moldea v. New York Times Company

How courts have described this case

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

• holding that the district court properly denied leave to amend because “the amended Complaint could not withstand a motion to dismiss, and so would be futile”
• noting that a book review is a “forum in which readers expect to find such evaluations” of a literary work
• stressing that in critical literary reviews, a critic must be given “constitutional ‘breathing space’ appropriate to the genre.”
• reversing in part Moldea I on rehearing, because “Moldea I erred in assuming that Milkovich abandoned the principle of looking to the context in which speech appears”
• affirming denial of class certification in part because 23 individualized inquiries would be required to assess whether class members were 24 even harmed
• finding use of the word “traitor” could not be the basis for a defamation action

Source: CourtListener parenthetical corpus (CC0).