CONNOLLY v. LABOWITZ


519 A.2d 138 (1986)

Ronald G. CONNOLLY, M.D., et al., Plaintiffs, v. Russell J. LABOWITZ, M.D., et al., Defendants.

Superior Court of Delaware, New Castle County.

Decided: September 12, 1986.


Attorney(s) appearing for the Case

James S. Green, of Connolly, Bove, Lodge & Hutz, Wilmington, for plaintiffs.

Edmund N. Carpenter, II and John A. Parkins, of Richards, Layton & Finger, Wilmington, for defendants.


TAYLOR, Judge.

Defendants1 have moved for a ruling in advance of trial with respect to certain evidentiary matters.

I

The first issue is the extent of Dr. Connolly's burden of proof with respect to the falsity of the alleged statements of Dr. Labowitz. Dr. Labowitz cites Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. ___, 106 S.Ct. 1558, 89 L.Ed.2d 783 (1986) in support...

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