Netscout Systems, Inc. v. Gartner, Inc.
Citations
- 334 Conn. 396
Syllabus
The plaintiff, which develops and sells information technology products, sought to recover damages for the defendant's alleged violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.) and for defamation in connection with certain allegedly false statements that the defendant had published in a market research report. The defendant provides consulting services to vendors of information tech- nology and publishes market research reports in which it rates vendors, including those that purchase its services. The defendant claims in its marketing materials that the opinions expressed in its reports are objec- tive and impartial. The defendant published a report in which it rated vendors, including the plaintiff, in the network performance monitoring and diagnostics market, and, although the plaintiff previously had accepted the defendant's invitation to participate in the report's evalua- tion process, the plaintiff had declined to purchase any consulting ser- vices from the defendant. The report included a graphical ranking of vendors, which was presented in the form of a square divided into four quadrants, and vendors were plotted along the axes of the graph on the basis of the defendant's application of certain weighted criteria, including the subjective evaluations of the vendors' customers. On the basis of its placement in the upper left quadrant of the graph, the plaintiff was designated a ''challenger,'' whereas vendors placed in the upper right quadrant received the more desirable designation of ''leader.'' The report defined the term ''challenger'' in relevant part as a vendor that is currently struggling to deal with new technical demands and rising expectations, whereas a ''leader'' is defined in relevant part as having comprehensive portfolios and the ability to handle multiple application and technology types. The report also included three specific ''cautions'' about the plaintiff and its limitations in its market. The plaintiff a
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing ‘‘ ‘the rule [that] requires the jury to decide whether an ambiguous assertion is reasonably capable of a defamatory meaning’ ’’
- setting forth standard of review on summary judgment and background free speech principles
- “[t]o be actionable, the statement in question must convey an objective fact, as generally, a defendant cannot be held liable for expressing a mere opinion” (internal quota- tion marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Robinson; Palmer; McDonald; Mullins; Kahn; Ecker
Read full opinion on CourtListenerCited by
3 cases in this archive cite this case.
Cites
33 cases in this archive are cited by this case; the 20 most cited are listed.
- New York Times Co. v. SullivanSupreme Court· 1964-03-09· cited 8,531×
- Gertz v. Robert Welch, Inc.Supreme Court· 1974-06-25· cited 4,525×
- Milkovich v. Lorain Journal Co.Supreme Court· 1990-06-21· cited 1,770×
- 44 Liquormart, Inc. v. Rhode IslandSupreme Court· 1996-05-13· cited 685×
- ECA, Local 134 IBEW Joint Pension Trust of Chicago v. JP Morgan Chase Co.Second Circuit· 2009-01-21· cited 674×
- Newcal Industries, Inc. v. IKON Office SolutionNinth Circuit· 2008-01-23· cited 569×
- Bertell Ollman v. Rowland Evans, Robert NovakD.C. Circuit· 1984-12-06· cited 402×
- Jefferson County School District No. R-1 v. Moody's Investor's Services, Inc.Tenth Circuit· 1999-05-04· cited 326×
- Castrol Inc. v. Pennzoil Company and Pennzoil Products CompanyThird Circuit· 1993-03-03· cited 247×
- Goodrich v. Waterbury Republican-American, Inc.Supreme Court of Connecticut· 1982-08-17· cited 235×
- Getz v. Equitable Life Assurance Society of the United StatesSupreme Court· 1977-10-03· cited 234×
- Unnamed caseSecond Circuit· 1998-11-17· cited 209×
- A. E. Hotchner v. Jose Luis Castillo-Puche, and Doubleday & Company, Inc.Second Circuit· 1977-03-23· cited 177×
- Daley v. Aetna Life & Casualty Co.Supreme Court of Connecticut· 1999-08-03· cited 171×
- Biro v. Condé NastS.D. New York· 2012-08-09· cited 110×
- Singh v. Cigna Corp.Second Circuit· 2019-03-05· cited 107×
- Mr. Chow of New York v. Ste. Jour Azur S.A., Henri Gault and Christian MillauSecond Circuit· 1985-03-28· cited 80×
- Kenneth Seaton v. TripAdvisor LLCSixth Circuit· 2013-08-28· cited 79×
- Biospherics, Incorporated v. Forbes, Incorporated Caroline WaxlerFourth Circuit· 1998-08-11· cited 78×
- Partington v. BugliosiNinth Circuit· 1995-06-07· cited 70×
Sourced from CourtListener / Free Law Project (CC0).
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