The Minnesota Court Of Appeals Cited David McKee M.D. V. Dennis K. Laurion In Its Opinion A16-0122: Range Development Company Of Chisholm V. Star Tribune And Paul McEnroe.

STATE OF MINNESOTA IN COURT OF APPEALS

A16-0122

Range Development Company of Chisholm, et al., Respondents,

Vs.

Star Tribune, et al., Defendants,

Paul McEnroe, Appellant.

Filed September 12, 2016

Reversed

Jesson, Judge

St. Louis County District Court

File No. 69HI-CV-14-665

In this defamation action, appellant-journalist Paul McEnroe seeks review of the district court’s order compelling him to reveal the identity of a source who supplied him with a government report critical of respondent-plaintiff Range Development Company, owner of an assisted-living center. Because we conclude that, under the defamation exception to the Minnesota Free Flow of Information Act, Minnesota Statutes sections 595.021-.025 (2014), a plaintiff seeking to discover the identity of a journalist’s confidential source must make an affirmative showing that disclosing the source would lead to persuasive evidence on the elements of falsity or malice, and because the district court erred by ordering discovery when this requirement was not met, we reverse.

. . .

To succeed on its claim of defamation, Range is required to prove: (1) a false and defamatory statement about the plaintiff; (2) in an unprivileged publication to a third party; (3) that harmed the plaintiff’s reputation in the community. Falsity in a defamation action means that the alleged statement is not “substantially true.” Minor inaccuracies of expression or detail are immaterial. McKee v. Laurion, 825 N.W.2d 725, 730 (Minn. 2013).

Full Opinion

Defendant Dennis Laurion’s Web Posting

Defendant Dennis Laurion’s Patient Complaint

Plaintiff David McKee’s Reply To Patient Complaint

Plaintiff David McKee’s Cease And Desist Letter To Defendant Dennis Laurion

Defendant Dennis Laurion’s Complaint To Minnesota Board Of Medical Practice

Plaintiff David McKee’s Complaint To Sixth Judicial District Duluth Court

Plaintiff David McKee’s Response To Minnesota Board Of Medical Practice

Defendant Dennis Laurion’s Answer To Plaintiff David McKee’s Complaint

Defendant Dennis Laurion’s Motion For Summary Judgment

Defendant Dennis Laurion’s Deposition Extracts

Plaintiff David McKee’s Deposition Testimony About Circumstances Before Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Circumstances After Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony In Response To Questions By Marshall Tanick

Affidavits By Defendant Dennis Laurion’s Parents

Defendant Dennis Laurion’s Supplemental Motion For Summary Judgment

Plaintiff David McKee’s Motion To Oppose Summary Judgment

Defendant Dennis Laurion’s Reply Memo In Support Of Motion For Summary Judgment

Sixth Judicial District Court’s Order On Motion For Summary Judgment

Plaintiff David McKee’s Appeal Of Order On Motion For Summary Judgment

Plaintiff David McKee’s Brief To Minnesota Court Of Appeals

Defendant Dennis Laurion’s Brief To Minnesota Court Of Appeals

Plaintiff David McKee’s Reply Brief To Minnesota Court Of Appeals

Minnesota Court Of Appeals Order To Strike Portion Of Plaintiff David McKee’s Reply Brief

Minnesota Court Of Appeals Announces Decision

Defendant Dennis Laurion’s Petition For Review By Minnesota Supreme Court

Plaintiff David McKee’s Opposition To Review By Minnesota Supreme Court

Defendant Dennis Laurion’s Brief To Minnesota Supreme Court

Plaintiff David McKee’s Brief To Minnesota Supreme Court

Defendant Dennis Laurion’s Reply Brief To Minnesota Supreme Court

Minnesota Supreme Court Decision On David McKee MD V. Dennis K. Laurion

David McKee MD v. Dennis Laurion 2010

David McKee MD v. Dennis Laurion 2011

David McKee MD v. Dennis Laurion 2012

David McKee MD v. Dennis Laurion 2013

McKee V Laurion Is A Textbook Case

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