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Anti-SLAPP

Oct 2023

Anti-SLAPP and Neuwirth = A Tough Challenge for Plaintiffs in New Jersey

Bruce S. Rosen

New Jersey’s long-awaited version of the UPEPA Anti-SLAPP law becomes effective with filings as of October 9, 2023, but now it has added teeth, not from the Legislature, but because of the Appellate Division’s sweeping published decision in Neuwirth, requiring all “public” defamation cases to plead specific facts supporting an allegation of actual malice.

Sep 2023

New Jersey Court Rejects Discrimination Claims Based on Newspaper Columns

Elizabeth Seidlin-Bernstein

A state trial court recently dismissed claims under New Jersey’s Law Against Discrimination arising from newspaper columns that were allegedly motivated by discriminatory animus.

Sep 2023

Newsday Wins Defamation Suit Over Wrong Photo Used in News Article

Jesse Feitel and Rachel Strom

Newsday moved to dismiss the complaint, arguing that New York’s anti-SLAPP Law applied to the action, that the complaint does not satisfy the heightened pleading standard imposed by the anti-SLAPP Law, and that the complaint should be dismissed because the plaintiff has not and cannot establish that Newsday published the article with actual malice.

Aug 2023

Pennsylvania Legislators Introduce Anti-Slapp Legislation

Michael Berry

HB 1466 builds on UPEPA and the collective experience of states with existing anti-SLAPP laws, while accounting for distinctive features of Pennsylvania legal practice.

Aug 2023

Colorado Court Grants Anti-SLAPP Motions of Media Defendants Sued for Reporting on Health Company Fallout With State

Steve Zansberg and Lauren Russell

On August 15, a trial judge in Arapahoe County, Colorado became the fourth state jurist to dismiss libel claims against media companies applying Colorado’s anti-SLAPP Act, passed into law in 2019.

Aug 2023

New York Times Wins Defamation Suit Over Reporting on Internet Harassment Campaigns

The suit stemmed from a January 2021 story, in which Times reporter Kashmir Hill reported on the phenomenon of “complaint sites”: websites that allow people to hurl anonymous accusations online that then ricochet across the internet through a constellation of interconnected sites.

Jul 2023

Charity’s Defamation Claim Against Canadian Public Broadcaster Can Continue in U.S. Federal Court

Sam Lachman

The Court dismissed the charity’s claims for breach of contract, promissory estoppel, and negligent misrepresentation for lack of subject-matter jurisdiction, leaving its defamation claim to proceed to discovery. At issue is

Jul 2023

Blackwater Founder Erik Prince’s Claims Against The Intercept Dismissed for Lack of Actual Malice

Margaret N. Strouse

Judge Preska referenced the actual malice standard under New York’s anti-SLAPP statute but, because actual malice already was required of Prince as a public figure, she did not decide which source of the actual malice standard should govern.

Jun 2023

Second Time Around, Florida Trial Court Applies Anti-SLAPP Statute to DJ’s Defamation Claims

Minch Minchin

A Florida trial judge dismissed a Tampa disc-jockey’s SLAPP suit against a local radio station and rival DJ because the defamation count was based on nonactionable statements, and the additional claims were barred by Florida’s single-action rule.

May 2023

Connecticut Supreme Court Affirms Right of Immediate Appeal of Anti-SLAPP Decisions

Alexa Millinger

Connecticut joins 16 states in holding that anti-SLAPP motions to dismiss may be immediately appealed rather than waiting for the conclusion of the case.