· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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