Bertrand v. Mullin
Annotate this CaseRick Bertrand, a Republican, and Rick Mullin, a Democrat, were candidates for the Iowa Senate in the 2010 general election. During campaigning, Mullin approved of a television commercial, titled “Secrets,” which stated that Bertrand was a sales agent for a drug company that marketed a dangerous sleep drug to children. After the commercial aired, Bertrand filed a lawsuit against Mullin seeking injunctive relief and monetary damages based on defamation. The jury returned a verdict of $31,000 against Mullin and $200,000 against the Iowa Democratic Party. Mullin appealed, contending that the district court erred by failing to grant his motion for judgment notwithstanding the verdict. The Supreme Court reversed the judgment of the district court and dismissed the case, holding that sufficient evidence did not support a finding of actual malice.
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