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COUSINS v. GOODIER

No. 272, 2021.

283 A.3d 1140 (2022)

Scott D. COUSINS, Plaintiff Below, Appellant, v. Rosemary S. GOODIER, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 16, 2022.

Attorney(s) appearing for the Case

Stephen J. Neuberger, Esquire (argued), Thomas S. Neuberger Esquire, THE NEUBERGER FIRM, P.A., Wilmington, Delaware, for Plaintiff Below, Appellant Scott D. Cousins.

Rodney A. Smolla, Esquire (argued), Wilmington, Delaware; Douglas D. Herrmann, Esquire, TROUTMAN PEPPER HAMILTON SAUNDERS LLP, Wilmington, Delaware, for Defendant Below, Appellee Rosemary S. Goodier.

Before SEITZ, Chief Justice; VAUGHN, TRAYNOR, MONTGOMERY-REEVES, Justices; and NEWELL, Chief Judge, constituting the Court en banc.

This appeal presents difficult questions concerning the actionability of speech that is defamatory—that is, injurious to a person's reputation—but that is defended on the ground that it is an expression of opinion and not of fact. We are asked to decide whether the First...

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