Flamm v. American Association Of University Women,

201 F.3d 144 (2nd Cir. 2000)

Facts

Flamm (P) was described in a directory by D as an ambulance chaser with an interest in only slam dunk cases. P sued D in state court under libel per se. The action was removed to federal court. D filed a motion to dismiss based on the theory that the statement was not one of objective facts. The motion was granted. P appealed.