Ilya D. Levin v. John McPhee the New Yorker Magazine, Inc., and Farrar, Straus & Giroux, Inc.

How courts have described this case

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

• holding that resolution of whether a statement amounts to fact or opinion is a matter for the court under New York law
• explaining that defamation by implication “involves false suggestions, impressions and implications arising from otherwise truthful statements” (internal quotation marks and citation omitted)
• noting that the article signaled, through the use of such terms as “versions” and “imagined,” that it was not offering statements of fact
• noting that the Supreme Court in Milkovich “explained that the United States Constitution offers no wholesale protection for so-called ‘expressions of opinion’ if those expressions imply assertions of objective fact”
• explaining that 9 statements of opinion “may yet be actionable if they imply that the speaker’s opinion is based on the speaker’s knowledge of facts that are not disclosed to the reader”
• looking to the context in which statements are made in order to evaluate the impact the statements would have on a reasonable reader

Source: CourtListener parenthetical corpus (CC0).