holding that it is "clearly settled" that "where there is a failure to establish an essential element of the [defamation] cause of action, the case becomes one of law for the Court"
How later courts described this case
- holding that it is "clearly settled" that "where there is a failure to establish an essential element of the [defamation] cause of action, the case becomes one of law for the Court"
- attempted deliberate homicide “requires proof that the defendant had the purpose to cause the death of another . . . and acted toward purposely or knowingly causing” that person to die—emphasis added
- “Only in those cases where it is certain that the arbitration clause contained in a [CBA] is not susceptible to an interpretation that covers the dispute is an employee entitled to sidestep the provisions of the collective bargaining agreement.”
Written by the judges who cited it.
The opinion
MR. JUSTICE SHEA,
concurring:
I agree with the result reached by the majority, but not in its reasoning. Clearly, there was no libel. And just as clearly, the plaintiff should have exhausted the contract grievance procedures before resorting to the courts.