KENDALL v. DAILY NEWS PUB. CO.

No. 11-4162.

716 F.3d 82 (2013)

The Honorable Leon A. KENDALL, Petitioner v. The DAILY NEWS PUBLISHING CO. d/b/a The Virgin Islands Daily News; Joy Blackburn; and Joseph Tsidulko.

United States Court of Appeals, Third Circuit.

Filed March 8, 2013.


Attorney(s) appearing for the Case

Howard M. Cooper , Suzanne M. Elovecky , Julie E. Green [Argued], Todd & Weld, Boston, MA, for Plaintiff-Petitioner.

Michael L. Berry , Michael D. Sullivan [Argued], Levine, Sullivan, Koch & Schulz, Philadelphia, PA, Kevin A. Rames , Christiansted, St. Croix, VI, for Defendants-Respondents.

Before SMITH, HARDIMAN, and ROTH, Circuit Judges.


OPINION

SMITH, Circuit Judge.

We granted certiorari in this case to decide three questions: (1) whether the Virgin Islands Supreme Court correctly applied independent appellate review for actual-malice determinations in public-figure libel suits, (2) what the appropriate actual-malice standard is in defamation-by-implication cases, and (3) whether the justices should have recused themselves. We conclude that although the Supreme Court misapplied independent...

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