Appeals Court Orders New Trial in 'Boston Phoenix' Defamation Suit

Posted Friday, August 4, 2006 12:00 am

By: A federal appeals court throws out a one million dollar defamation verdict against the Boston Phoenix.

The case stems from a 2003 article that labeled a Maryland attorney a child molester. It detailed the child custody battle between lawyer Marc Mandel and his estranged wife, Sarah Fitzpatrick.

In 2004, a jury found the article falsely stated that Mandel -- a former Baltimore County prosecutor -- abused his daughter from a previous marriage.

A ruling by the First Circuit U.S. Court of Appeals doesn't dispute the jury's findings, but says the lower court determined too quickly that Mandel was a private figure rather than a public one.

The court says that distinction could change the outcome of the case.

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Appeals Court Orders New Trial in 'Boston Phoenix' Defamation Suit

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