nonactionable

“Compare to” might be nonactionable, depending on the context, but where it conveys a specific assertion of measurable fact, such as equivalent ingredients or efficacy, it is falsifiable and thus potentially actionable.

Archive 2009-09-01 Rebecca Tushnet 2009

“Compare to” might be nonactionable, depending on the context, but where it conveys a specific assertion of measurable fact, such as equivalent ingredients or efficacy, it is falsifiable and thus potentially actionable.

Out of joint: duelling supplements denied summary judgment Rebecca Tushnet 2009

However, the particular statements here were nonactionable statements of opinion; they were not provably false as required for defamation, because they advocated one of several feasible interpretations of events.

Archive 2009-10-01 Rebecca Tushnet 2009

The same prospect of litigation over unresolved — and perhaps unresolvable — scientific arguments was among the reasons that the accusations of lying in [an earlier case] were deemed to be nonactionable.

The Volokh Conspiracy » Interesting Libel Decision Arising from the Vaccine / Autism Debate 2010

Even without preemption, though, the dissent would have found the statements at issue nothing more than nonactionable puffery.

Archive 2009-01-01 Rebecca Tushnet 2009

Oreck next maintained that many of its challenged statements were nonactionable puffery: (1) the Dyson is “bulky”; (2) the Oreck vacuum emits “no puff” of dust when it is emptied; (3) the Dyson bin emptying process is “messy” and the Dyson filter is “not sanitary” and a “dirty little secret”; and (4) the XL Ultra 4120 weighs “only nine pounds,” while the weight of the DC14 is “backbreaking.”

Archive 2009-03-01 Rebecca Tushnet 2009

However, the particular statements here were nonactionable statements of opinion; they were not provably false as required for defamation, because they advocated one of several feasible interpretations of events.

Interaction between disparagement and antitrust Rebecca Tushnet 2009

The same prospect of litigation over unresolved — and perhaps unresolvable — scientific arguments was among the reasons that the accusations of lying in an earlier case were deemed to be nonactionable.

The Volokh Conspiracy » Interesting Libel Decision Arising from the Vaccine / Autism Debate 2010

A statement is therefore nonactionable as a matter of law when — considering its language, context, and tenor — the speaker is “plainly express[ing] ‘a subjective view, an interpretation, a theory, conjecture or surmise, rather than ... claim[ing] to be in possession of objectively verifiable ...facts.’”

The Volokh Conspiracy » Interesting Libel Decision Arising from the Vaccine / Autism Debate 2010

Nor will Navigenics include nonactionable conditions—diseases without a beneficial medical treatment or lifestyle change—because that can be devastating.

The $1,000 Genome Kevin Davies 2010