United States Fifth Circuit

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Henry v. Lake Charles Am. Press LLC, 08-30201

In a defamation action concerning alleged defects in engines sold by Plaintiff, the denial of Defendant's motion, under Louisiana law, to require Plaintiff to show a probability of success is reversed, where there was no evidence that Defendant did not follow up on the request for retraction sent by Plaintiff's attorney.

Appellate Information

  • Decided 04/14/2009
  • Published 04/14/2009


  • PRADO, Circuit Judge:, Before SMITH, BARKSDALE and PRADO, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • David Kent Anderson (argued), Anderson & Cunningham, Houston, TX, Yul D. Lorio, Doucet Lorio, Lake Charles, LA, for Henry.

  • For Appellees:
  • James B. Doyle (argued), Law Offices of James B. Doyle, Lake Charles, LA, for Defendants-Appellants.

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