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Gunder v. New York Times Co.

United States District Court for the Southern District of New York
37 F.Supp. 911 (1941)


Facts

Gunder (plaintiff) sued the New York Times Co. (Times) (defendant) for libel in the United States District Court for the Southern District of New York. The Times filed an answer containing a number of affirmative defenses. Gunder moved to strike the affirmative defenses on the ground that the defenses were legally insufficient. The Times opposed the motion and argued that Gunder’s original complaint was insufficient.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Conger, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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