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Emerito Estrada Rivera-Isuzu De P.R., Inc. v. Consumers Union of United States, Inc.

1st CircuitNovember 28, 2000No. 99-2333Cited 15 times

Case Details

Judge(s)
Boudin, Bownes, Lynch
Status
Published
Procedural Posture
appeal
Circuit
1st Circuit

Related Laws

No specific laws identified for this ruling.

Outcome

Appellate court affirmed summary judgment for Consumers Union, holding that Emérito, as a distributor, could not recover for defamation, product disparagement, or tortious interference based on statements directed at Isuzu and the Isuzu Trooper rather than Emérito itself.

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<bold>Libel and Slander — Report of suspected child abuse — presumption of good</bold> <bold>faith — actual malice</bold> <block_quote> Although plaintiff-customer contends defendant-salesperson reported plaintiff's behavior of suspected child abuse or neglect to the Department of Social Services based on retaliatory motives, the Court of Appeals erred in reversing summary judgment in favor of defendants on the slander per se claim because: (1) N.C.G.S. § 7A-543 (now N.C.G.S. § <cross_reference>7B-301</cross_reference>) imposes an affirmative duty for anyone with cause to suspect child abuse or neglect to report that conduct; (2) N.C.G.S. § 7A-550 (now N.C.G.S. § <cross_reference>7B-309</cross_reference>) provides immunity from liability to those who act in accordance with the reporting statute and presumes the reporter's good faith; and (3) plaintiff did not meet her burden under N.C.G.S. § <cross_reference>8C-1</cross_reference>, Rule 301 to show defendant's bad faith or actual malice.</block_quote>

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