Getz v. Equitable Life Assurance Society of the United States

holding that res judi-cata applies when a claim was raised and pursued in an earlier action, as parties “may not have two bites at the cherry” | noting, “[I]n SEC proceedings seeking equitable relief, a cause of action may be predicated upon negligence alone, and scienter is not required.” | "Any risk that full and vigorous exposition of opinion ... may be stifled must be given great weight” | pediatrician with no background treating obesity allowed to testify about the effect of drug on obese people | Defendant recounted Ernest Hemingway’s characterization of Plaintiff as a “dirty and a terrible ass-licker ... [with] something phony about him” | pediatrieian with no background treating obesity allowed to testify about the effect of drug on obese people | An expression of an opinion may become as damaging as an assertion of fact, and liability for libel thus attach, if the writer indicates that "he has private, firsthand knowledge which substantiates the opinions he expresses ...." | An expression of an opinion may become as damaging as an assertion of fact, and liability for libel thus attach, if the writer indicates that “he has private, firsthand knowledge which substantiates the opinions he expresses .... ” | administrative record compiled by agency constituted “matters outside the pleadings” | administrative record compiled by agency constituted "matters outside the pleadings" | listing factors court may consider on issue of permanent injunction