McCarthy v. Fuller

Record contained sufficient evidence to support jury’s finding that defendants defamed plaintiffs by accusing them of theft and misappropriation of certain religious items/assets that defendants claimed belonged to them. However, Dist. Ct. erred by entering injunction that essentially prohibited defendants from repeating all nine alleged defamatory statements that were contained in jury instructions, where jury was never asked to identify which statements were false and defamatory. Moreover, instant injunction included certain statements that did not correspond to statements plaintiffs had claimed were defamatory. Also, injunction was excessive, since it improperly directed one defendant to take down his website, which would have prevented defendant from posting any non-defamatory messages. As such, Ct. remanded matter to Dist. Ct. to attempt to craft another injunction that was supported by record.