by Paul Alan Levy
I am dealing with a case in which a company has sued investors for defamation, alleging statements made about shenanigans of some of the individuals employed by the company. The "of and concerning" requirement under state law was federalized as a First Amendment requirement in New York Times v. Sullivan, but it occurs to me to think that Article III standing requirements might also be implicated, when the case has been filed in federal court. Any thoughts by others?
