Court: Arizona Supreme Court
Opinion Date: February 1, 2022
Areas of Law: Personal Injury
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
The Supreme Court vacated the opinion of the court of appeals reversing the judgment of the trial court denying summary judgment for Defendant and remanded this matter to the trial court to grant summary judgment for Defendant, holding that Plaintiff was not entitled to relief on her defamation claim.
This defamation action arose from a political advertisement directed at an opposing candidate, in which the third-party plaintiff was unnamed, the alleged defamation was not expressed but implied, and the asserted implication was not one that a reasonable listener would likely draw. Defendant moved for summary judgment, arguing that the advertisement made truthful claims about matters of public concern and that Defendant did not make the statements with actual malice. The superior court denied the summary judgment motion. The court of appeals reversed. The Supreme Court vacated the court of appeals, holding that the First Amendment does not tolerate a defamation action under the facts presented in this case.