Melanie Geisler v. Orlando R. Petrocelli and Pinnacle Books, Inc.

How courts have described this case

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

• discussing Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)
• statement referred to plaintiff's name and physical characteristics and caused reasonable persons to associate plaintiff with individual described in statement; plaintiff's allegations sufficient to withstand dismissal for failure to state claim for relief
• statement referred to plaintiff’s name and physical characteristics and caused reasonable persons to associate plaintiff with individual described in statement; plaintiff’s allegations sufficient to withstand dismissal for failure to state claim for relief
• when ruling on a Fed.R.Civ.P. 12(b) motion to dismiss a libel claim for failure to specifically allege that the offending material was “of and concerning” plaintiff, the trial judge could, treating the motion as one for summary judgment, consider additional submissions, including affidavits
• “It has long been the rule that extrinsic evidence is admissible to buttress the claim that the defamation is ‘of and concerning’ the plaintiff and the fact that resort to such evidence may be necessary does not defeat the claim.”

Source: CourtListener parenthetical corpus (CC0).