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· 10/5/2005

Doe v. Cahill

Citations

  • 884 A.2d 451
  • 33 Media L. Rep. (BNA) 2441
  • 2005 Del. LEXIS 381
  • 2005 WL 2455266

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 public figure plaintiff need not produce evidence showing that the defendant acted with actual malice because, “[wjithout discovery of the defendant’s identity, satisfying this element may be difficult, if not impossible.”
  • explaining that since Delaware is a notice-pleading state, \the threshold showing a plaintiff must make to survive a motion to dismiss is low.\
  • explaining that since Delaware is a notice-pleading state, “the threshold showing a plaintiff must make to survive a motion to dismiss is low.”
  • explaining that the Court’s review in a Rule 12(b)(6) motion is limited to the allegations in the initial pleading
  • “Accordingly, we adopt a modified Dendrite standard consisting only of Dendrite requirements one [notification] and three [prima facie evidence].”
  • requiring plaintiffs to satisfy a summary judgment standard before obtaining the identity of an anonymous defendant because “[pjlaintiffs can often initially plead sufficient facts to meet the good faith test ... even if the defamation claim is not very strong”

Source: CourtListener parenthetical corpus (CC0).

Judges: Steele, Holland, Berger, Jacobs, Ridgely

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.