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Wednesday, January 9, 2008

John C. Berkery, Sr. v. Monica Yant Kinney

12-18-07 A-1575-06T1

In this defamation case, plaintiff, who acknowledged six
criminal convictions as a younger man, which were publicized at
the time, remains a limited-purpose public figure with respect
to his earlier criminal involvement. As a limited-purpose public
figure, plaintiff must prove actual malice to prevail on a
defamation claim against a newspaper columnist and the newspaper
that published the allegedly defamatory articles. Sisler v.
Gannett Co., 104 N.J. 256, 279 (1986).
We affirm the trial court's decision that plaintiff failed
to submit sufficient evidence from which a jury could clearly
and convincingly conclude that any of the defendants acted with
actual malice.