[JCEccles]

Even so, there is no evidence that the Duke 88 acted with malice, that is, with a reckless disregard for the truth. Instead, they acted with reasonable reliance upon the facts as they were relayed in the media, which reported the facts as they were relayed by Nifong.

Question of fact. There is sufficient evidence to survive a motion for judgment on the pleadings.

[jude24]

Question of fact. There is sufficient evidence to survive a motion for judgment on the pleadings.

Nope. You can't rely on pleadings for summary judgment motions anyway (you're thinking of a motion to dismiss for failure to state a claim).