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Gannett Co.5/3/2000
doctrine does not bar this dissent. And it certainly does not bar this Court, which is after all a court of last resort.
IV. CONCLUSION
Because The News Journal article published only true assertions of fact together with Kane's opinion, and because that opinion, in the context of those published true facts, does not imply any undisclosed defamatory facts, the Superior Court trial judge's original judgment for defendants was clearly correct. As Justice Felix Frankfurter once wrote, "wisdom too often never comes, and so one ought not to reject it merely because it comes late." It is not too late for this Court to act wisely and to affirm the Superior Court trial judge's thoughtful opinion granting summary judgment to the defendants.
I dissent.
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