Suzuki Motor Corp. v. Consumers Union of U.S., Inc

Suzuki Motor Corp. v. Consumers Union of U.S., Inc., 330 F.3d 1110 (9th Cir. 2003) involved a product disparagement action challenging a consumer protection organization's report that certain Suzuki vehicles were prone to flip over. In reversing summary judgment against Suzuki, the Court found sufficient evident to permit a trier of fact to conclude the consumer organization acted with actual malice. Id. at 1135. Suzuki presented evidence the consumer organization acted through financial motives since it needed a controversial story to increase revenue due to recently acquired debt. Id. Moreover, Suzuki produced evidence by which a jury could find the consumer organization rigged tests upon which its report was based. Id. at 1135. In Suzuki, "the evidence of financial motive dovetailed with the evidence of test-rigging . . . . The fact that the consumer organization needed to boost its revenues to complete its capital campaign lends credence to Suzuki's contention that the consumer organization rigged the Samurai testing to produce the predetermined rollover result." Id. The Court in Suzuki did not reverse summary judgment based on a demonstrated financial motive. 330 F.3d at 1136. Although the Court noted financial motive "is a relevant factor bearing on the actual malice inquiry," more is required. Id.