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DAWE v. CORRECTIONS USA

United States District Court, E.D. California
Jul 13, 2010
NO. CIV. S-07-1790 LKK/EFB (E.D. Cal. Jul. 13, 2010)

Opinion

NO. CIV. S-07-1790 LKK/EFB.

July 13, 2010


ORDER


On June 21, 2010, the court heard numerous motions in limine. Defendants raised a question as to what evidence may be properly considered to prove malice under the California privileges in defamation. This question must be resolved to prepare jury instructions for trial. The court is inclined to adopt the standard of proof of malice set forth in Lytel v. Simpson, No. 05-01937-FJ, 2006 WL 2263943 (N.D. Cal. Aug. 8, 2006). For this reason, the court refers the parties to this opinion. They are encouraged to discuss whether application of this case is proper in their trial briefs. No additional briefing is requested.

IT IS SO ORDERED.


Summaries of

DAWE v. CORRECTIONS USA

United States District Court, E.D. California
Jul 13, 2010
NO. CIV. S-07-1790 LKK/EFB (E.D. Cal. Jul. 13, 2010)
Case details for

DAWE v. CORRECTIONS USA

Case Details

Full title:BRIAN DAWE; FLAT IRON MOUNTAIN ASSOCIATES, LLC, formerly known as FLAT…

Court:United States District Court, E.D. California

Date published: Jul 13, 2010

Citations

NO. CIV. S-07-1790 LKK/EFB (E.D. Cal. Jul. 13, 2010)