Anti-SLAPP
Anti-SLAPP and Neuwirth = A Tough Challenge for Plaintiffs in New Jersey
Bruce S. RosenNew 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.
New Jersey Court Rejects Discrimination Claims Based on Newspaper Columns
Elizabeth Seidlin-BernsteinA state trial court recently dismissed claims under New Jersey’s Law Against Discrimination arising from newspaper columns that were allegedly motivated by discriminatory animus.
Newsday Wins Defamation Suit Over Wrong Photo Used in News Article
Jesse Feitel and Rachel StromNewsday 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.
Pennsylvania Legislators Introduce Anti-Slapp Legislation
Michael BerryHB 1466 builds on UPEPA and the collective experience of states with existing anti-SLAPP laws, while accounting for distinctive features of Pennsylvania legal practice.
Colorado Court Grants Anti-SLAPP Motions of Media Defendants Sued for Reporting on Health Company Fallout With State
Steve Zansberg and Lauren RussellOn 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.
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.
Charity’s Defamation Claim Against Canadian Public Broadcaster Can Continue in U.S. Federal Court
Sam LachmanThe 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
Blackwater Founder Erik Prince’s Claims Against The Intercept Dismissed for Lack of Actual Malice
Margaret N. StrouseJudge 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.
Second Time Around, Florida Trial Court Applies Anti-SLAPP Statute to DJ’s Defamation Claims
Minch MinchinA 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.
Connecticut Supreme Court Affirms Right of Immediate Appeal of Anti-SLAPP Decisions
Alexa MillingerConnecticut joins 16 states in holding that anti-SLAPP motions to dismiss may be immediately appealed rather than waiting for the conclusion of the case.