Logourl black
From our private database of 14,100+ case briefs...

Wilkow v. Forbes, Inc.

United States Court of Appeals for the Seventh Circuit
241 F.3d 552 (7th Cir. 2001)


Facts

Forbes, Inc. (Forbes) (defendant) runs a column in its magazine about pending litigation on matters relevant to the business community. In October 1998, Forbes covered the initial grant of certiorari to what would become Bank of America National Trust & Savings Asss’n v. 203 North LaSalle Street Partnership, 526 U.S. 434 (1999). Wilkow (plaintiff) was a member of the LaSalle partnership and a party in that case. The case presented extremely complicated questions of law involving the order of payments in a bankruptcy proceeding to secured creditors, unsecured creditors, and equity investors. While the case was ultimately resolved in a favorable manner for Wilkow, the Forbes article about the case came out months before its resolution and portrayed Wilkow in a negative light. Although the article did not make any actual defamatory statements about Wilkow, its author described him as “pleading poverty” and striking a deal with the bank which was unfavorable for the bank’s interests. In the author’s opinion, Wilkow unfairly profited from his deal with the bank, and she expressed this view in the article. Wilkow brought suit against Forbes for libel on the ground that Forbes should have at least informed its readers that the bank lent money to the LaSalle partnership without recourse, and that the bank’s loss was due to a downturn in the real estate market rather than its dealings with Wilkow and his partners. The district court granted judgment for Forbes, holding that the article did not constitute libel. Wilkow appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Easterbrook, 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.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.