Defamation

July 23rd, 2019 by Rieders Travis in Defamation

DEFAMATION-JNOV Menkowitz vs. Peerless Publications, [J-13-2019] S. Ct. July 17, 2019.  This case involved a claim by Dr. Menkowitz that a newspaper defamed him by suggesting his misconduct in connection with an elderly female patient.   He claimed that the article caused defamatory implications or innuendo.   The court found that the Superior Court had scoured the record for facts to support his own conclusion.   In particular, the Superior Court overlooked the testimony of Dr. Menkowitz’s principal causation witness, Attorney Krewitz, who testified that after reading the article, he wrote a letter to another attorney who was using Dr. Menkowitz as an expert witness and informed him that Dr. Menkowitz had been accused of committing “improper sexual advances on his patients.”   The Superior Court should not have scoured the record to do this.   The Superior Court used contrary evidence as the principal support for its conclusion that “any damage to Dr. Menkowitz flowed from the suspension itself, not any implication of sexual or physical abuse.”   The Superior Court did not give Menkowitz’s verdict one of the benefit of every reasonable inference arising from the evidence while…