Edelstein v. WFTV, Inc.
Edelstein v. WFTV, Inc.
Opinion of the Court
We write to explain our rationale for affirming the dismissal of the complaint.
Plaintiffs employment was terminated. Whether it was by unilateral action of his employer, as defendant argues, or by common agreement, as he argues, is not the important issue for purposes of the legal question presented. What is important is that the Palm Beach Post published a news item that he had been “fired,” that plaintiff alleges that this statement is defamatory “per se” and damages from it are presumed and that he declined the privilege of further amending his complaint.
In Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974), the Court recognized the “strong and legit
The court’s decision in Boyles makes clear that since Gerbz a plaintiff suing a media defendant must nevertheless plead and prove actual injury. Yet, actual injury is precisely what plaintiff abjures having to plead and prove in this action for defamatory falsehood. Under Gerbz and Boyles we have no alternative to affirming the trial court’s dismissal of the action.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.