That’s not true. Weissman was arguing that statements like this cannot be found to be defamation as a matter of law. The court is saying that the allegations of the plaintiff would be sufficient to sustain a verdict of defamation if a jury found them to be after trial. The issue is now up to the jury.
“...potentially defamatory...”
As long as it remains that it is misleading and supposition. It’s kind of like being partially dead and leaves it open to decision without a preponderance of the vidence. Remove the word potentially, and that’s what the suit is about.
wy69