Netscout Systems, Inc. v. Gartner, Inc.
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The Supreme Court affirmed the judgment of the superior court granting Defendant's motion for summary judgment in this action to recover damages for, among other things, violations of the Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. 42-110a et seq., and for other relief, holding that Defendant's statements regarding Plaintiff were nonactionable expressions of opinion.
Defendant, which publishes research reports in which it rates certain vendors, issued a research report in which it ranked Plaintiff lower than some of its competitors and made critical comments about Plaintiff. Plaintiff brought this action claiming that Defendant had engaged in a "pay to play" scheme that constituted a false and deceptive business practice under CUTPA. Plaintiff also alleged that the report contained false and defamatory statements about Plaintiff. The trial court rendered judgment for Defendant. The Supreme Court affirmed, holding that all of the statements Defendant made about Plaintiff were expressions of nonactionable opinion, and such speech cannot support either Plaintiff's defamation claim or its CUTPA claim.
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