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Jul 2024

Fox News Dismissed from Lawsuit in Less Than 90 Days with Public Apology

Reid Pillifant

Garcia’s counsel publicly pilloried Fox—the first named defendant in the case—for its supposedly shoddy journalism. There was just one problem: Fox News Network had been careful not to publish Garcia’s image before it could be verified. As a result, Fox never published Garcia’s image.

Jul 2024

First Anti-SLAPP Win under NJ’s New UPEPA Law

Bruce S. Rosen

Nine months after New Jersey enacted its first anti-SLAPP law, essentially adopting the Uniform Public Expression Protection Act, a New Jersey trial court was the first to dismiss a SLAPP action.

Jun 2024

Texas Court of Appeals Dismisses Claims by Politically Connected Entrepreneur on Statute of Limitations Grounds

Marc Fuller and Maggie Burreson

A Texas court of appeals rejected a telehealth company’s attempt to evade the state’s one-year statute of limitations on defamation claims by relabeling its claims as business disparagement and other torts.

Jun 2024

Houston Appeals Court (Finally) Dismisses Defamation Claims Against ProPublica and Houston Chronicle

Reid Pillifant

In its decision, the First District Court of Appeals in Houston found that Defendants’ reporting on the plaintiff’s career as a heart surgeon and the concerns that had been raised about some of his practices and procedures, as well as his failure to follow protocols in clinical trials, was substantially true.

May 2024

Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)

Sigmund D. Schutz and Alexandra A. Harriman

UPEPA aims to provide a clear framework for the efficient review and dismissal of SLAPPs.

Mar 2024

Missouri Legislature Considers Anti-SLAPP Bill

Jean Maneke

There are at least two other bills pending in the Missouri legislature containing nearly identical anti-SLAPP language, one before the House and one before the Senate, but neither of those bills has been set for a committee hearing yet and it gets more and more unlikely that they will move quickly once spring break is…

Mar 2024

Broadcaster Wins Summary Judgment and Attorneys’ Fees Under New York’s Expanded Anti-SLAPP Statute

Jacquelyn Schell and Chad Bowman

The news reports about sexual assault claims against the Catholic Church were protected by the fair report privilege and plaintiff failed to adduce any evidence of gross irresponsibility.

Mar 2024

Prosecutor’s Defamation Suit SLAPPed On Appeal

Cam Ruk

The Supreme Court of Texas granted a newspaper’s anti-SLAPP motion, dismissing a state prosecutor’s claim that he was defamed in an article discussing a wrongful murder conviction.

Mar 2024

Massachusetts High Court: Motive is Irrelevant Under Anti-SLAPP Law

Jeffrey J. Pyle

In Bristol Asphalt v. Rochester Bituminous Products, the court overturned a controversial 2017 decision that required evaluation of the SLAPP filer’s “primary motivating goal” for bringing suit. The court also held that appellate review of anti-SLAPP decisions will henceforth be de novo, not for abuse of discretion.