Wilkow v. Forbes, Inc.

Forbes (defendant) published an article about pending bankruptcy litigation involving Wilkow (plaintiff), a partner in the litigation, describing him as pleading poverty and striking a deal with a bank that the author viewed as unfairly favorable to him and unfavorable to the bank; the case was later resolved in Wilkow's favor. Wilkow sued for libel, arguing Forbes should have disclosed that the bank's loan was non-recourse and that its losses stemmed from a real-estate downturn rather than Wilkow's conduct. The district court granted judgment for Forbes, and Wilkow appealed.

Whether a statement that clearly expresses the speaker's subjective view, interpretation, or opinion, rather than an objectively verifiable fact, can give rise to a defamation claim.