INDIANAPOLIS, April 16 /PRNewswire/ -- Containment Technologies Group, Inc. received a ruling from a federal judge in a lawsuit against The American Society of Health-System Pharmacists, Gregory F. Peters, Marghi R. McKeon and William T. Weiss relating to an article entitled Potential for Airborne Contamination in Turbulent and Unidirectional-Airflow Compounding Aseptic Isolators, which was published in March 15, 2007 issue of the American Journal of Health-System Pharmacy. The court ruled that, under Indiana law, defamation actions based on speech about matters of public concern require proof of "actual malice" - either knowledge of actual falsity or reckless indifference to truth or falsity. The court acknowledged that "whether or not Peters did legitimate work, ASHP is protected under an actual malice standard..."
The court ruled in favor of the defendants based on the Indiana Anti-SLAPP statute and concluded that individuals are free to express opinion under the First Amendment right of free speech. The court also noted that "Bad but honest science is not actionable as defamation" and "for purposes of summary judgment, however, the court must assume that the methods and conclusions were flawed..."
Containment Technologies Group, Inc., filed the lawsuit on June 22, 2007, is disappointed in the ruling, and is reviewing its options, which include appealing the decision to the 7th Circuit Court of Appeals.
Contact: Hank Rahe 317-713-8200 HRahe@mic4.com
|SOURCE Containment Technologies Group, Inc.|
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