Mincin v. Vail Holdings Book Reviews

Mincin v. Vail Holdings by Tenth Circuit U.S. Court of Appeals Book Summary

To propel a breast imaging technology from its development stage to the marketplace, Computerized Thermal Imaging, Inc. (CTI) sold stock in the venture, applied to the NASDAQ Stock Exchange for a national listing, and sought FDA pre-market approval. Bloomberg News reported the activity, fomenting the underlying lawsuit for libel. CTI now appeals the dismissal of that action, contending the district court erroneously interpreted Utah law and oppressively denied its motion to amend the pleadings. Computerized Thermal Imaging v. Bloomberg L.P., No. 1:00CV98K, 2001 WL 670927 (D. Utah March 26, 2001) (CTI). In spite of the absence of a clear line of Utah substantive law, the district court did not err in concluding CTI failed to state a claim for libel per se or libel per quod, the latter defeated by the absence of a proper plea for special damages which was not achieved in its motion for relief from judgment. We affirm.

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