SCHAFER v. TIME, INC.

No. 96-8730.

142 F.3d 1361 (1998)

Michael SCHAFER, Plaintiff-Appellant, v. TIME, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 8, 1998.


Attorney(s) appearing for the Case

Dennis John Webb, Douglas Allen Wilde, Marvin Dewayne Dikeman, Webb, Carlock, Copeland, Semler & Stair, Atlanta, GA, for Plaintiff-Appellant.

Sean R. Smith, Thomas M. Clyde, Peter C. Canfield, Dow, Lohnes & Albertson, Atlanta, GA, for Defendant-Appellee.

Before TJOFLAT, BIRCH and MARCUS, Circuit Judges.


BIRCH, Circuit Judge:

This diversity case requires us to parse the often conflicting and confusing concepts of malice as they have evolved in Georgia's libel laws. After instructing the jury on the applicable law and receiving a subsequent request to define "malicious defamation," the district court instructed the jury that before the plaintiff-appellant could recover for libel he had to show that the defendant-appellee made a "statement deliberately calculated to...

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