AUVIL V. CBS 60 MINUTES
67 F.3d 816 (9th Cir. 1996)
NATURE OF THE CASE: Auvil (Ps) sought review of a decision, which granted summary
judgment in favor of CBS (D) in Ps' action against D for product disparagement.
FACTS: CBS 60 Minutes (D) aired a segment on daminozide, Alar, that was sprayed on apples
to regulate their grow and how that substance breaks down into a carcinogen. D based its
news report in the studies of the NRDC. Following this broadcast, consumer demand for apples
decreased dramatically. The apple growers and others dependent upon apple production lost
millions of dollars and many growers lost their homes and livelihoods. In 1990, eleven
growers sued, D, the NRDC and a public relations firm used by NRDC for product
disparagement. The district court issued a summary judgment against Ps for the failure of
them to prove the falsity of the message conveyed by D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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