Joseph L. Alioto v. Cowles Communications, Inc.

This is a diversity suit for libel brought by the ex-mayor of San Francisco against the publisher of LOOK Magazine. The suit is based on an article that appeared in LOOK in September 1969 entitled, “The Web that Links San Francisco’s Mayor Al-ioto and the Mafia: A LOOK report on the private Joseph Alioto and his relationships with organized crime.” The facts are set out in our previous opinion, 519 F.2d 777 (9th Cir. 1975), and in the most recent opinion of the district court, 430 F.Supp. 1363 (N.D.Cal.1977).

This case has been tried four times. This is the second appeal. In the first trial the jury was unable to reach a verdict. In the second, the jury found the article defamatory and false in one or more particulars, but was unable to decide whether defendant published the article with “actual malice.” The trial judge then weighed the evidence himself, concluded that plaintiff had not offered clear and convincing proof of actual malice, and entered judgment n.o.v. for defendant. Plaintiff appealed, contending there was sufficient evidence of malice to preclude judgment n.o.v. We agreed and “remanded for a new trial on the sole issue of actual malice.” We did not consider the…