{
  "id": 5619982,
  "name": "Claim Adjusters Association and James J. Manion, Appellants, v. Hine's Legal Directory, Inc. et al., Appellees",
  "name_abbreviation": "Claim Adjusters Ass'n v. Hine's Legal Directory, Inc.",
  "decision_date": "1938-11-30",
  "docket_number": "Gen. No. 40,010",
  "first_page": "413",
  "last_page": "416",
  "citations": [
    {
      "type": "official",
      "cite": "297 Ill. App. 413"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 5078,
    "ocr_confidence": 0.511,
    "sha256": "f4fa0913d6689c452a33d0d3811ee33ef0d0e55885a0946e1c7f4c5e6c8498ab",
    "simhash": "1:37ef1163e8aa47d5",
    "word_count": 806
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  "last_updated": "2023-07-14T19:10:33.326696+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Claim Adjusters Association and James J. Manion, Appellants, v. Hine\u2019s Legal Directory, Inc. et al., Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Hall\ndelivered the opinion of the court.\nPlaintiffs appeal from an order and judgment of the circuit court of Cook county, striking their amended complaint. The substance of the complaint is that plaintiff corporation, together with plaintiff Manion, its president and manager, are engaged in the business of publishing a list of insurance lawyers and adjusters called \u201cThe Insurance Claims Who\u2019s Who,\u201d and that they rate these lawyers without reference to whether or not they are subscribers, and, it is stated, that plaintiffs are \u201cunder no obligation or duty, legal or ethical, to have such lawyers \u2018authorize their listing and rating. \u2019 \u201d It is charged that defendants issued and published a document as follows:\n\u201cThe Lawyers\u2019 Coneidential Cuide\n1936-1937\n\u201cA Complete List of Legal Directors, Law List Publishers, Service Bureaus and Associations, Selling Listings or Memberships to the Attorneys in the U. S. A. and Canada\u2014 with ratings\n\u201c8th Annual Edition\nPublished by\nLawyers\u2019 Coneidential Cuide\nA. M. Washburn, Sec\u2019y.\n33 So. Clark St. Chicago\n\u201cForeword\n\u201cWe present herewith the eighth annual edition of the \u2018Lawyers\u2019 Confidential Cuide,\u2019 published annually in the interests of the American and Canadian attorneys as a rating guide in arranging their budgets for Legal Directories or Law Lists subscriptions, and to protect all lawyers against fraudulent advertising schemes, service bureaus, and worthless lists.\n\u201cThe ratings are based on the consensus of opinion of the leading lawyers\u2019 associations, Directory and List publishers, Insurance Companies, Commercial Agencies, and leading law firms. It is revised annually.\n\u201cSubscription Rates\n1 year, $5.00\n3 years, $10.00\n\u201cHine\u2019s Insurance Counsel\nInsurance Legal\nHine\u2019s Legal Directory, Inc.\n. Business and Claim\nAdjustment 1908 A-l\n1st Nat\u2019l Bank Bldg. Chicago\nEastern Office: 220 Broadway, New York.\n\u201cInsurance Claim Who\u2019s Who\nClaim Adjusters Assn. Inc.\nJames J. Manion, Mgr.,\n175 West Jackson Blvd.,\nChicago\nInsurance List 1924 (Note. \u2014 New Policy of arbitrarily rating attorneys as to ability, character and trial\nefficiency in Insurance defense matters, and publishing such ratings without the consent of listees has caused such conflicting reports to reach us that we are unable to assign a suitable rating.)\n\u201cWarhihg\n\u201cBeware of the traveling representative of any list or directory who offers an alibi for a poor rating or implies that our ratings are not based on a reliable consensus of opinion.\n\u201cIf in doubt, verify rating by communicating with any A-l publisher or other reliable source of information.\n\u201cIf solicited for subscription or membership in any \u2018List,\u2019 \u2018Directory,\u2019 \u2018Bureau\u2019 or \u2018Association\u2019 not listed herein, wire or write this office: or if you are a member of the Commercial Law League communicate with the Secretary\u2019s office before subscribing.\nCopyright, 1936, by A. M. Washburn,\nPrinted by the Cuneo Press.\u201d\nPlaintiffs\u2019 claim is that the statements as to them are libelous per se, and that by this publication plaintiff Manion was damaged in the sum of $50,000, the corporation in the sum of $100,000, and that in addition to the actual, damages sustained, the further sum of $300,000 should be assessed against the defendants as punitive damages. In brief, after reading a long and complicated statement of alleged facts set forth in the complaint, we conclude that, when summed up, plaintiff\u2019s charge is that the Hine\u2019s Legal Directory, Inc., by certain of its officers and directors, published a directory of law lists known as \u201cThe Lawyers\u2019 Conti- ( dential Guide,\u201d which contained a statement to the effect that the publishers of this directory, for certain stated reasons, set forth in the document, were unable to give a rating to the law list published by plaintiffs, and that plaintiffs have thereby necessarily and inevitably been damaged in the amounts mentioned. It is charged that the Cuneo Press Inc., is liable because it printed the document complained of. Our conclusion is that by no stretch of the imagination can it be said that the document, standing alone, contains any words which can be said to be libelous per se. There is no charge in the complaint that defendants were under any obligation to give plaintiffs a rating, nor that defendants, in declining to give plaintiffs a rating,- were induced to do so by malice. Therefore, we are of the opinion that the court was correct in striking the complaint.\nThe judgment of the circuit court of Cook county is affirmed.\nJudgment affirmed.\nHebel and Denis E. Sullivan, JJ., concur.",
        "type": "majority",
        "author": "Mr. Presiding Justice Hall"
      }
    ],
    "attorneys": [
      "Eugene Quay, of Chicago, for appellants.",
      "Thomas D. Huff and Mitchell Dawson, both of Chicago, for certain appellees; Herbert A. Huff, of Chicago, of counsel.",
      "Campbell, Clithero & Fischer, of Chicago, for certain other appellee."
    ],
    "corrections": "",
    "head_matter": "Claim Adjusters Association and James J. Manion, Appellants, v. Hine\u2019s Legal Directory, Inc. et al., Appellees.\nGen. No. 40,010.\nHeard in the third division of this court for the first district at the April term, 1938.\nOpinion filed November 30, 1938.\nRehearing denied December 16, 1938.\nEugene Quay, of Chicago, for appellants.\nThomas D. Huff and Mitchell Dawson, both of Chicago, for certain appellees; Herbert A. Huff, of Chicago, of counsel.\nCampbell, Clithero & Fischer, of Chicago, for certain other appellee."
  },
  "file_name": "0413-01",
  "first_page_order": 443,
  "last_page_order": 446
}