Dear Monica,
A short follow-up for you: I found (and attached as files) the
Kaufman cases on my favorite search tool, "Lexis-Nexus" (my briefs are
made absolutely first-rate, I must say, touting my own horn, by the
cites from case that the search engine allows me to find). Often, in
one of those "things they never teach you in Law School," you "gently
persuade" a judge not by your own words but by your use--and
understanding--of what those wonderfully "reasoned" judges have crafted
before you.
You might have to wade a bit, but the attempt made by the polluter to
discredit Hugh as a "renegade" is high comedy (though unintentionally
so). The anaylsis of "libel' in the NYT Sullivan case and the other
"benchmarks" cited in the opinion is worth your while too...
Enjoy your summer,
tom
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