Re:Methane may not warm the Earth quite as much as previousl...
by dragonwriter on Sunday April 23, 2023 @04:26PM
(#35680200)
> Mann v competitive enterprise institute recognizes that a jury would find their comments as deragatory, false and damaging
No, Mann v. Competitive Enterprise Institute had Mann’s claims against CEI dismissed at summary judgement because Mann’s evidence was insufficient for any reasonable jury to conclude that the required standard (“actual malice”) was met in CEI’s conduct, irrespectice of whether the charges were false or not. [0] (“actual malice” was held to be a triable issue of fact for the jury against an individual defendant in the same case, as was the actual falsity of the charges. I believe the case against the individual defendant was abandoned because CEI was the real target, or just because of Mann’s pattern of abandoning cases because he was “too busy” to prosecute them after filing.)
I wonder if in general you are making the mistake of assuming that motions to dismiss or for summary judgement in which the court is required to assume that the jury would find for Mann in any cases where there is a material issue of fact constitute “recognition” that the jury would find for Mann, which is decidedly not the case.
No, Mann v. Competitive Enterprise Institute had Mann’s claims against CEI dismissed at summary judgement because Mann’s evidence was insufficient for any reasonable jury to conclude that the required standard (“actual malice”) was met in CEI’s conduct, irrespectice of whether the charges were false or not. [0] (“actual malice” was held to be a triable issue of fact for the jury against an individual defendant in the same case, as was the actual falsity of the charges. I believe the case against the individual defendant was abandoned because CEI was the real target, or just because of Mann’s pattern of abandoning cases because he was “too busy” to prosecute them after filing.)
I wonder if in general you are making the mistake of assuming that motions to dismiss or for summary judgement in which the court is required to assume that the jury would find for Mann in any cases where there is a material issue of fact constitute “recognition” that the jury would find for Mann, which is decidedly not the case.
[0] http://climatecasechart.com/wp-content/uploads/sites/16/case...