Civil Procedure Keyed to Cound
Anderson v. Liberty Lobby, Inc
Carto, a publisher, and the Respondent, Liberty Lobby (Respondent), the organization Carto headed, filed a libel suit against The Investigator magazine, its president and its publisher, the Jack Anderson (Petitioner). The Respondent accused the Petitioner of publishing articles portraying the Respondent as a neo-Nazi organization. Petitioner moved for summary judgment on the basis that Respondent was a public figure and no actual malice on the part of the Petitioner could be proven. The trial court granted the motion. On appeal, the Respondent argued that for purposes of opposing the summary judgment motion, the trial court required it to show that actual malice existed by a clear and convincing standard, rather than by a preponderance of the evidence standard. The Court Appeals held that a reasonable jury could conclude actual malice could have been used and that it was irrelevant on a motion for summary judgment what the actual standard was.
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