 Westmoreland's claims were governed by the landmark "New York Times Co. v. Sullivan" decision, which held that, in order to recover for defamation, a "public figure" like Westmoreland must prove that the defendant made the statements in question with "actual malice" (essentially, with knowledge, or reckless disregard, of falsity).The suit was originally filed in state court in South Carolina, but was transferred to the United States District Court for the Southern District of New York.The trial ended in February 1985 when the case was settled out of court just before it would have gone to the jury.