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KEIMER v. BUENA VISTA BOOKS, INC.

No. A084888.

89 Cal.Rptr.2d 781 (2000)

75 Cal.App.4th 1220

Russell KEIMER, Plaintiff and Appellant, v. BUENA VISTA BOOKS, INC., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

Review Denied March 1, 2000.

Attorney(s) appearing for the Case

Bayer, August & Belote, Andrew A. August, Timothy M. Flaherty, San Francisco, Lerman & Lerman, Jeffrey H. Lerman, San Rafael, for Plaintiff and Appellant.

Carr, Mussman & Harvey, San Francisco, Timothy E. Carr, Ian K. Boyd, for Defendants and Respondents Buena Vista Books, Inc. and Buena Vista Publishing Group, Inc.

Keesal, Young & Logan, Philip A. McLeod, San Francisco, Devin A. Donohue, Seidler & McErlean, William M. McErlean, Chicago, IL, for Defendant and Respondent Central Picture Entertainment, Inc.

Weil, Gotshal & Manages, Jared Bobrow, Menlo Park, for The Association of American Publishers, Inc., as Amicus Curiae on behalf of Defendants and Respondents.

WALKER, J.

In this appeal we decide a narrow question: Does the First Amendment protect advertising statements made on book and videotape covers which reiterate verifiably false factual statements contained in the books and videotape themselves? Appellant Russell Keimer sued on behalf of the general public, contending that publishers' advertisements on those covers, trumpeting falsely inflated investment returns by the now infamous "Beardstown Ladies Investment Club...

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