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· 8/28/2013

Kenneth Seaton v. TripAdvisor LLC

Citations

  • 728 F.3d 592
  • 2013 WL 4525870
  • 2013 U.S. App. LEXIS 17936

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 hyperbolic statement that plaintiffs hotel was the dirtiest in America could not be reasonably understood as a statement of fact and was based on undisputed customer reviews, not implied untrue facts
  • noting that though matters “outside of the pleadings are not to be considered by a court in ruling on a 12(b)(6
  • explaining that “rhetorical hyperbole” is not defamatory because such statements “cannot be reasonably interpreted as stating actual facts about” an individual (citation omitted)
  • finding that inclusion of plaintiff’s hotel on list of “world’s dirtiest hotels” was protected opinion
  • explaining that “rhetorical hyperbole” is not defamatory because such statements “cannot be reasonably interpreted as stating actual facts about” an individual (citation omitted)
  • affirming dismissal of Plaintiff-Appellant’s false light claim under federal pleading standards where Trip Advisor’s “2011 Dirtiest Hotels” list named his hotel but not him personally

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Clay, White

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.