Tribuani v. Phelps

How courts have described this case

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

• holding that conclusory assertions of malice “buzzwords” are not themselves sufficient to survive a motion to dismiss under Rule 12(b)(6)
• noting that to prevail on a defamation claim, a public figure plaintiff “must demonstrate by clear and convincing evidence that the defendant acted with ‘actual malice’”
• observing that “dismissing claims on 5 Although the Complaint, as noted, alleges that Plaintiff was financially disabled for purposes of filing an administrative refund claim, (see Compl. ¶¶ 17, 19
• [P]leading ‘actual-malice buzzwords’ is simply not enough to nudge a case into discovery.”
• “[I]t is generally permitted by Rule 12(h)(2) to bring successive motions challenging the sufficiency of a claim, the first under 12(b)(6) and the second, after the [a]nswer has been filed, under Rule 12(c).”
• “Where the question whether a plaintiff is 13 a public figure can be determined based upon the pleadings alone, the Court may deem a plaintiff a public figure at the motion to dismiss stage.”

Source: CourtListener parenthetical corpus (CC0).