Ault v. Hustler Magazine, Inc.

How later courts describe this case

• granting summary judgment dismissing Rule 10b-5 action by Federated employees who sold their shares three months before CRTF announced its bid
• reversing a jury verdict because omission complained of involved a future event which was “of a fickle and changeable character”
• noting that sanctions may serve to chill zealous advocacy
• justification or necessity defense not available because abortion is constitutionally sanctioned activity and thus cannot be considered "public disaster" within meaning of justification statute
• merger discussions contingent, inter alia, on legislative changes immaterial as a matter of law
• publication of truthful information, even in a pornographic magazine, has been held to be a statement of opinion protected by the first amendment and not supportive of a defamation claim
• fact that merger contingent on legislation renders preliminary negotiations not material