Anti-SLAPP
New York Times Prevails in Two Related Defamation Lawsuits
Dave HellerThe state court found that terms such as "racist" and "white nationalist" are non-actionable opinion and that, even if actionable, plaintiff had failed to show any evidence of actual malice.
Orange Crushed: D.C. Court Dismisses Politician’s SLAPP Suit
Matthew Cate, Chad R. Bowman, and Charles D. TobinA D.C. politician failed to assert viable claims against a newspaper over coverage of his departure from government service and his “rocky” tenure at the D.C. Chamber of Commerce, a D.C. Superior Court judge ruled in August.
Ninth Circuit Affirms Dismissal of Protracted Planet Aid Libel Matter
Shawn Musgrave and D. Victoria BaranetskyThe panel affirmed the district court’s granting of a motion to strike under California’s anti-SLAPP law, finding that the lower court correctly determined that plaintiffs, were limited-purpose public figures and that they had failed to satisfy the actual malice standard.
Texas Court of Appeals Upholds Anti-SLAPP Dismissal of Claims Brought by Suspect in Child Pornography Case
Catherine RobbFTS filed an Anti-SLAPP Motion arguing that the complained of statements were substantially true, accurate reports of third-party allegations, and privileged under the fair report and fair comment privilege.
How Virginia Law Paved The Way for Depp v. Heard
Brandon H. Elledge, Timothy Taylor, Christine N. Walz, and Caitlin A. EberhardtIn the wake of the recent trial and verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors that led to this result.
Texas Lacks Jurisdiction for Defamation Suit Over Docudrama
Cameron Stracher and Sara TesorieroLocation, location, location. The real estate axiom has never been more relevant to defamation cases in light of the hodge-podge of state anti-SLAPP statutes, and federal courts’ interpretation of those laws.
Florida Court’s Split on Appealability of Anti-SLAPP Denials
Minch MinchinA recent decision from Florida’s Second District Court of Appeal has teed up for the state Supreme Court the issue of whether a trial court’s denial of an anti-SLAPP motion is immediately appealable.
Washington Federal Court SLAPPs Project Veritas Lawsuit
Bruce E.H. JohnsonIn May 2022, not surprisingly, given Washington’s pioneering role, Judge Thomas S. Zilly, a federal judge in Seattle, became the first judge to grant a UPEPA motion for expedited relief and dismissal under the state’s new anti-SLAPP law.
Colorado Court Grants News Anchor’s Anti-SLAPP Motion
Steven D. ZansbergIn only the second case to date to apply Colorado’s anti-SLAPP Act (passed into law in 2019) to a news outlet, a trial court judge tossed a defamation case against Kyle Clark, the nightly news anchor at KUSA-TV/9News, the TEGNA-owned NBC affiliate in Denver.
New York Appellate Court Affirms Anti-SLAPP Legal Fees to Newspaper
Karim AbdullaThe decision serves to tee up a divide between Appellate Divisions on the issue of retroactivity because the First Department went the other way in Gottwald v Sebert (the “Dr. Luke v Ke$ha” case), holding that the anti-SLAPP amendments should not have retroactive application.