Julius November v. Time Inc.

Summary

The New York Court of Appeals held that the plaintiff's libel complaint was sufficient because the Sports Illustrated article, when read as a whole, could be construed as imputing unethical conduct by the plaintiff attorney, which is libel per se, and therefore denied the motion to dismiss and reversed the Appellate Division's dismissal. The court relied on prior decisions that such statements are defamatory per se and that courts will not construe them in the mildest sense. A dissent argued the statements were not defamatory per se and, lacking special damages, the complaint should be dismissed.