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DECKER v. PRINCETON PACKET

116 N.J. 418 (1989)

561 A.2d 1122

MARCY G. DECKER, INDIVIDUALLY; MARCY G. DECKER, AS CUSTODIAL PARENT OF JACKSON T. DECKER, AND CHARLOTTE GOLDBERG, PLAINTIFFS-APPELLANTS, v. THE PRINCETON PACKET, INC., A DELAWARE CORPORATION, DEFENDANT-RESPONDENT, AND JOHN DOE, WHOSE NAME IS FICTITIOUS; AND ABC CORPORATION, WHOSE IDENTITY IS UNKNOWN, JOINTLY, INDIVIDUALLY, OR IN THE ALTERNATIVE, DEFENDANTS.

The Supreme Court of New Jersey.

Decided August 8, 1989.

Attorney(s) appearing for the Case

Louise M. Robichaud argued the cause for appellants.

Gerard H. Hanson argued the cause for respondent (Brener, Wallack & Hill, attorneys; Marilyn S. Silvia, on the brief).

Thomas J. Cafferty argued the cause for amicus curiae, New Jersey Press Association (McGimpsey & Cafferty, attorneys; Thomas J. Cafferty and A.F. McGimpsey, Jr., on the brief).

The opinion of the Court was delivered by HANDLER, J.

This case involves a tort action brought against a newspaper seeking damages for defamation and emotional distress attributable to the publication of a false obituary. The Court is called on to address whether an obituary that reports a death, this being the only false statement, can possibly have a defamatory interpretation. In addition, the Court must decide whether the publication of a false obituary can give...

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