United States First Circuit

In an action brought by plaintiff who was fired from her job as a stockbroker at Merrill Lynch, alleging defamation in connection with certain statements made by Merrill Lynch to the National Association of Securities Dealers, denial of defendant's motion for judgment as a matter of law following an adverse jury verdict is affirmed in part as to the finding of defamation and award of special damages, but reversed in part as to an award of punitive damages as the evidence presented at trial was insufficient to support the showing of malice necessary for punitive liability.

Appellate Information

• Decided 10/12/2007
• Published 10/12/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, NEWMAN, Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Evan M. Tager, with whom Andrew Tauber, Mayer, Brown, Rowe & Maw LLP, James R. Erwin, Pierce Atwood LLP, and Eugene Volokh, UCLA School of Law, were on brief, for appellant.


• For Appellees:
  
• Rufus E. Brown, with whom Brown & Burke, Michael A. Nelson, and Jensen Baird Gardner & Henry, were on brief, for appellee.