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Anti-SLAPP

Aug 2021

New York Federal District Court Dismisses Financier’s Libel Case

Robert P. LoBue

The decision covers a number of issues of current interest to the media bar, including the circumstances in which hyperlinking to an earlier, allegedly libelous article is a republication starting a new limitations period, the scope of the “issue of public interest” standard in the recently-enacted amendments of New York Anti-SLAPP statute, and the actionability…

Aug 2021

Ninth Circuit Unanimously Affirms First Amendment Protection for Rachel Maddow’s “Paid Russian Propaganda” Commentary

Nathaniel L. Bach and Marissa M. Mulligan

The Court held that the Southern District of California correctly granted Defendants’ anti-SLAPP motion because Ms. Maddow’s statement that OAN “really literally is paid Russian propaganda”—in the context of her broadcast, in which she employed entertaining and hyperbolic language while commenting on a matter of public concern and fully disclosing the facts—“is well within the…

May 2021

Connecticut Court Upholds Fair Report Privilege and Anti-SLAPP Law

William S. Fish, Jr. and Alexa Millinger

Two recent Connecticut Appellate Court decisions based on The Hartford Courant’s reporting on a local lawyer’s professional sanctions affirmed the strength of the fair report privilege as a defense to a defamation claim under Connecticut law and also represented the first appellate case decided under the state’s relatively new Anti-SLAPP law.

May 2021

Washington Enacts Uniform Public Expression Protection Act

Bruce E.H. Johnson

With the Governor's signature, Washington has become the first state to enact the Uniform Act adopted by the Uniform Law Commission in July 2020.

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May 2021

New York Court Grants Anti-SLAPP Motion and Dismisses Defamation Claims Against Local Blogger

Michael J. Grygiel

In a David-versus-Goliath scenario, New York State Supreme Court, granted an anti-SLAPP motion for summary judgment dismissing a defamation action brought by a construction company against a community blogger and awarded the defendant costs and attorneys’ fees.

May 2021

Florida Court SLAPPs Anti-Muslim Activist Laura Loomer’s Lawsuit

Lauren Russell, Matthew Cate and Charles Tobin

The court concluded that Loomer’s Complaint was “precisely the type of harassing lawsuit condemned by” the anti-SLAPP statute.

May 2021

Judge Dismisses Defamation Lawsuit and SLAPPs Plaintiffs with Newspaper’s Legal Fees

Karim A. Abdulla and Joseph M. Finnerty

The court granted the motion, holding not only that the article was substantially true and privileged, but also that the amended anti-SLAPP legislation required dismissal and attorney’s fees.

Apr 2021

Former Congresswoman’s “Revenge Porn” Suit Against Media Outlets Dismissed

Kelli Sager, Dan Laidman, and Abigail Zeitlin

A Los Angeles judge has rejected a novel attempt to hold media outlets liable under a so-called “revenge porn” statute, in a high-profile case involving former Congresswoman Katie Hill.

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Apr 2021

Better Business Bureau of Metro Atlanta Wins Dismissal of Libel Suit Under Georgia’s New(ish) Anti-SLAPP Law

Alia Smith

The court rejected granted the anti-SLAPP motion in full, holding that defendant made the “‘threshold showing’ that the challenged speech arises ‘in connection with an issue of public interest or concern’ because the speech concerns consumer affairs.”

Mar 2021

New York Federal Court “SLAPPS” #MeToo Defamation Claims

Cara McGourty, Katherine L. McKnight and Mark I. Bailen

This decision appears to be the first in federal court to apply the revised New York anti-SLAPP statute in a case not involving a public figure.