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Berdell v. Wong

14-P-1827 (Mass. App. Ct. Feb. 29, 2016)
Berdell v. Wong

2 Citing cases

  1. Nat'l Police Ass'n v. Gannett Co.

    1:21-cv-1116 RLM-DLP (S.D. Ind. Feb. 28, 2022)   Cited 1 times

    ; Coughlin v. Westinghouse Broad. & Cable, Inc., 689 F.Supp. 483, 489-490 (E.D. Pa. 1988); Berdell v. Wong, 46 N.E.3d 115 (Mass. App. Ct. 2016). Retraction might be probative of actual malice at the time of publication and might mitigate damages, Milsap v. Journal/Sentinel, Inc., 100 F.3d 1265, 1271 (7th Cir. 1996); Biro v. Condé Nast, 963 F.Supp.2d 255, 281 (S.D.N.Y. 2013), but failure to retract isn't its own defamation claim.

  2. Thomas v. Town of Chelmsford

    267 F. Supp. 3d 279 (D. Mass. 2017)   Cited 37 times
    Holding plaintiffs could not bring loss of consortium claim against town but could bring claim against public school teachers

    Gutierrez v. Mass. Bay Transp. Auth., 437 Mass. 396, 772 N.E.2d 552, 568 (2002) (quoting J.R. Nolan & L.J. Sartorio, Tort Law § 99, at 136 (2d ed. 1989) ); see also Berdell v. Wong, 46 N.E.3d 115 (table), 2016 WL 767610, at *3 (Mass. App. Ct. 2016) ("In order to establish a civil conspiracy, a plaintiff must show ‘a common design or an agreement, although not necessarily express, between two or more persons to do a wrongful act and, second, proof of some tortious act in furtherance of the agreement.’ " (quoting Aetna Cas. Sur. Co. v. P & B Autobody, 43 F.3d 1546, 1564 (1st Cir. 1994) ).