Summary judgment will lie when, taking all factual inferences in the non-movant's favor, there exists no genuine issue as to a material fact and the movant deserves judgment as a matter of law.

The defendants moved for summary judgment under the standard set by New York Times Co. v. Sullivan, which requires a plaintiff to prove with clear and convincing evidence that a defamatory statement was made with actual malice.

The District Court ruled that The Investigator had duly researched its statements and granted the motion.

Summary judgment was reversed on appeal with respect to some of the alleged defamatory statements, with the Court of Appeals stating that evidence need not be clear and convincing for the purpose of summary judgment.

It vacated the Court of Appeals' ruling and remanded the case for further proceedings.