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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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