Flamm v. American Association of University Women
United States Court of Appeals, Second Circuit
201 F.3d 144 (2000)
Relevant factsFree
The American Association of University Women (AAUW) (defendant) distributed a directory of 275 attorneys willing to consult with women in discrimination cases; the entry for Flamm (plaintiff) was the directory's only negative one, quoting a former client's description of him as an 'ambulance chaser' interested only in 'slam dunk cases.' Flamm sued for libel per se, and the district court dismissed, finding the statement could not reasonably be understood as an assertion of objective fact.
IssueFree
Whether a plaintiff in a defamation suit must show that the challenged statement states or implies a fact, rather than a constitutionally protected opinion.