regarding disclosures by prior employer
How later courts described this case
- regarding disclosures by prior employer
Written by the judges who cited it.
The opinion
D. C. Riley, J.,
(dissenting). Viewing the evidence in a light most favorable to the plaintiffs, I am unable to conclude that the evidence of malice is so wanting as to preclude plaintiffs’ presentation of their cause to a jury.
Despite plaintiffs’ ostensibly weak case, under either definition of malice, the facts presented here were sufficient to infer a malevolent state of mind on defendant’s part at the time of the publication. Although the trial judge may have arrived at the correct ultimate result, it was not, in view of the facts proffered, and at this state of the proceeding, his decision to make. I would therefore reverse and remand for further proceedings.