Arthur Ditmar is a former major league baseball pitcher whose career spanned from 1954 to 1962. He was employed, in 1985, as a municipal recreation and athletic director for the City of Brook Park, Ohio. In 1960, Ditmar was a pitcher for the New York Yankees. That year, the Yankees played the Pittsburgh Pirates in the World Series that needed seven games to declare a winner. Ditmar alleges, and it is not disp that Anheuser Busch, the brewer of Budweiser beer and the advertising Agency of Needham Harper Worldwide, Inc. planned, produced, and aired Budweiser beer commercials that aired during the 1985 World Series.

The visual portion of one of these commercials depicted several persons gathered around a radio listening to the broadcast of the 1960 World Series. The audio portion contained an actual rebroadcast of a portion of the bottom half of the ninth inning of the seventh game of the 1960 World Series which featured the New York Yankees and the Pittsburgh Pirates.

With the score tied at nine all at the bottom of the ninth inning, the announcer, Hall of Fame broadcaster Chuck Thompson, said: "Well, a little while ago, when we mentioned that this one, in typical fashion, was going right to the wire, little did we know. Art Ditmar throws-There's a swing and a high fly ball going deep to left, this may do it! " Bill Mazeroski, hit the game winning home run at the bottom of the ninth inning of the seventh game of the World Series to win it for the Pittsburgh Pirates.

The actual radio broadcast clip used in the commercial for Budweiser beer that was produced by Needham Harper was real, however, the announcer mistakenly identified Ditmar as the pitcher who gave up the home run. In fact, the Yankee pitcher who delivered the pitch to Pirate hitter Bill Mazeroski was Ralph Terry.

1. Ditmar filed suit in the United States District Court for the Northern District of Ohio. Describe all causes of action that Ditmar can allege and identify the defendant against whom the claim may be made

2. Describe all defenses that can be raised by each of the defendants identified in the next preceding question.

3. State whether the concepts of defamation per se or, alternatively, defamation per quod (Specifically defined in Ohio Law as a statement which harbors at least one "innocent meaning that may become defamation through interpretation and innuendo.") apply to this case, and if so, how?

4. How should this case be decided?

5. In fact, another audio broadcast by Yankee announcer, Mel Allen, of this event exists. The text of that broadcast does not misidentify Art Ditmar as the pitcher who threw the home run ball; However, that audio is much less dramatic. Does the existence of another audio broadcast impact your conclusion about how the case should be decided?