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Question over spirit in which statements were made is enough for jury to deliberate

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A defamation suit against an employee will proceed following the Indiana Court of Appeals' finding that there is doubt as to what conclusion a jury could reach in determining whether statements were made in good faith and without malice.

Between August 2009 and July 2010, a series of articles appeared in a Whitley County newspaper about Coupled Products’ proposed move of equipment from an Ohio facility to Columbia City. On Sept. 16, 2009, one article contained a number of statements that Coupled contended were false.

The company believed Janice Brandom, an employee and chair of the UAW Local 2049’s bargaining committee, made the statements.

Coupled sued Brandom for defamation, submitting evidence to contradict the statements she allegedly made to the paper. Brandom moved to dismiss pursuant to the anti-SLAPP statute on the grounds the statements were made in furtherance of her right of free speech in connection with an issue of public interest.

The trial court denied Brandom’s motion to dismiss.

The COA affirmed the ruling in Janice Brandom v. Coupled Products, LLC, 92A03-1112-PL-542. The court found her statements were in the public interest but there is a genuine issue of fact as to whether Brandom knew her statements were false, entertained serious doubts as to their truth, or made the statements with reckless disregard of whether they were false.

In his dissent, Judge Michael Barnes argued the evidence does not establish that Brandom acted in bad faith or without a reason basis in law and fact.

“The good faith requirement should and must be present, but in this context, with collective bargaining in play, I believe Brandom’s conversation with the reporter was had in good faith. Remember, too, there is no direct quote in the article in question and the reporter was free to, and undoubtedly did, capsulize, summarize, and characterize the conversation. In my view, the anti-SLAPP statute provides protection in such instances.”

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    WAKE UP AMERICA All it takes for tyranny to gain a foothold is for people of good conscience to remain silent. It's time for all Americans to standup and speak up! MUST READ ARTICLES The Infallible Prosecutor: Google it 10,000 innocent people convicted each year Scalia's death row lunacy: Google it Most registered sex offenders are innocent www.wikipedia.org Type censorship in the U.S. in the search box Jury nullification, a fundamental right! Indiana Constitution: Article1 Section 19 In all criminal cases whatever, the jury shall have the right to determine the law and the facts. The 9th and 10th amendments to the constitution of the United States means the same thing. An unjust law is not a law at all and any person charged with violating an unjust law has not violated any law and should not be found guilty simply because the law is unjust! IF YOU DON'T KNOW YOUR RIGHTS YOU DON'T HAVE ANY WE MUST PROTECT OUR CONSTITUTIONS

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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