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January 2011

Alabama Court of Appeals Reinstates Public Official Libel Claim: Newspaper Applies for Rehearing



By Dennis R. Bailey

Newspaper Applies for Rehearing

In a 3 to 2 opinion, the Alabama Court of Civil Appeals has held, as a matter of first impression in Alabama, that clear and convincing evidence of malice can be established by reporting the existence of a rumor about a politician on a matter of public concern which the reporter did not know was false but did not verify to be true.Benjamin L. Little v. Consolidated Publishing Company and Megan Nichols, No. 2090705 (Ala. App. Dec. 3, 2010).