Not Libel Per Se...Just Plainly Wrong! US 5th Strikes Again!

David A. Szwak

Not Libel Per Se...Just Plainly Wrong! US 5th Strikes Again!

Postby David A. Szwak » Tue Nov 01, 2005 9:37 pm

Hood v. Dun & Bradstreet, Inc.
486 F.2d 25, 28 n. 3
[5th Cir.1973],
cert. denied, 415 U.S. 985, 94 S.Ct. 1580, 39 L.Ed.2d 882 [1974]

The Fifth Circuit Court of Appeals considered a credit report prepared by a defendant, who was a credit reporting agency. The report inaccurately stated that the plaintiff was being sued for a debt and that the plaintiff's working capital was limited. The Court of Appeals agreed with the court that the report was not libelous per se because the statements, although false, did not "impute to another conduct, characteristics or a condition incompatible with proper exercise of lawful business or trade." Id. at 28.

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