*1 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT THOMAS A. JOSEPH, THOMAS J. : No. 407 MAL 2014 JOSEPH, ACUMARK, INC., AIRPORT :
LIMOUSINE AND TAXI SERVICE INC., : Petition for Allowance of Appeal from the
: Order of the Superior Court Respondents : : : v. : : : THE SCRANTON TIMES L.P., THE :
TIMES PARTNER, JAMES CONMY AND :
EDWARD LEWIS, :
: Petitioners : ORDER PER CURIAM
AND NOW , this 25th day of November, 2014, the Petition for Allowance of Appeal is GRANTED . The issues, as stated by petitioners, are:
a) Whether an appellate court may disregard the foundational rules requiring
deference to the trial court's factual findings and credibility determinations? b) Whether a court may disregard the First Amendment constraints on
defamation actions by concluding that the injury-in-fact liability element of a defamation claim is established without proof of reputational harm caused by defamatory statements?
c) Whether a court may disregard the First Amendment constraints on
defamation actions by holding that proof of actual malice relieves plaintiffs of their burden to prove injury-in-fact?
d) Whether a court may disregard the First Amendment constraints that require a defamation plaintiff to prove falsity and fault on the part of a media defendant and order a retrial on damages only where the record does not establish that a plaintiff met his constitutional burdens?