This section contains the nature of the case and procedural background.

P and D are engaged in the manufacture and sale of equipment, devices, and systems, including chemical products, for use in the non-destructive testing of commercial and industrial materials. P alleges that both written and oral statements about P's product were circulated by D to current and prospective customers. P alleges that D published a false report to the effect that the United States Government had tested P's product, and found it to be only about 40% as effective as D's. Further, at a convention, D's agent said that P's 'stuff is no good,' and that 'the government is throwing them out.' P sued D in trade libel. D moved to dismiss because D did no more than make an unfavorable comparison of Ps product with its own; and P has failed to allege his damages with the required specificity.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.