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Pastimes : Investment Chat Board Lawsuits

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To: dantecristo who wrote (1903)8/25/2001 2:57:29 PM
From: dantecristo   of 12465
 
Defendant Delfino's Motion for Summary Judgment against Varian SLAPP:
"Similarly, the corporate plaintiffs have alleged that they have been libeled by various Internet postings. However, there is no evidence that any Internet posting constituted an actionable statement of facts, as opposed to opinions, rantings, and hyperbole of the poster. As public persons, these corporations have failed to show the existence of actual malice by defendant, or that it demanded defendant to retract any statement made by him on the public forums of the Internet. Finally, plaintiffs have no damage, and have not been able to produce evidence of any legally recognized1 form of damages other than mere guess and speculation2. Summary Adjudication is appropriate as against the corporate plaintiffs’ Third Cause of Action for libel. "
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