Plaintiff, a manufacturer of plastic "premiums" for promotional markets, claims that it lost business as a result of false reports of unusually high levels of arsenic in its product by defendant, a provider of consumer product testing services. Defendant answered and counterclaimed that plaintiff had committed libel per se in a May 28, 2005 letter to a nonparty entity, which provided laboratory accreditation to defendant.
The statements at issue were not actionable...
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