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COMPUTERIZED THERMAL v. BLOOMBERG, L.P.

No. 01-4140.

312 F.3d 1292 (2002)

COMPUTERIZED THERMAL IMAGING, INC., a Nevada corporation, Plaintiff-Appellant, v. BLOOMBERG, L.P., a Delaware Limited Partnership, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 26, 2002.

Attorney(s) appearing for the Case

Carl F. Schoeppl of Schoeppl, Burke & Kayton, P.A., Boca Raton, FL, (Andrew H. Kayton and Stuart A. Davidson of Schoeppl, Burke & Kayton, P.A., Boca Raton, FL; Robert R. Wallace of Plant, Wallace, Christensen & Kanell, Salt Lake City, UT, with him on the briefs), for Plaintiff-Appellant.

Randy L. Dryer of Parsons, Behle & Latimer, Salt Lake City, UT, (Richard L. Klein, Thomas H. Golden and Charles J. Glasser, Jr., of Willkie Farr, & Gallagher, New York, NY, with him on the brief), for Defendant-Appellee.

Before HARTZ, ALDISERT and PORFILIO, Circuit Judges.

JOHN C. PORFILIO, Senior Circuit Judge.

To propel a breast imaging technology from its development stage to the marketplace, Computerized Thermal Imaging, Inc. (CTI) sold stock in the venture, applied to the NASDAQ Stock Exchange for a national listing, and sought FDA pre-market approval. Bloomberg News reported the activity, fomenting the underlying lawsuit for libel. CTI now appeals the dismissal of that action, contending the district court erroneously interpreted...

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