Anti-SLAPP
Judge SLAPPs “Brooklyn Land Shark” Suit Against Daily News
Matthew LeishIs it defamatory to refer to a real estate investor who has been repeatedly sued for taking advantage of vulnerable homeowners as a “Land Shark” who has been slammed as “a wolf preying on sellers”? A New York state trial judge has answered that question with a resounding “no.”
Connecticut Supreme Court Allows Defamation Action Based on Public Hearing Statements
Alexa MillingerGiving new analysis to the well-accepted rule that statements in quasi-judicial proceedings cannot be the basis for defamation, the Connecticut Supreme Court held that a party could maintain a defamation action for statements made in a planning and zoning commission public hearing.
Hawaiʻi Third State To Pass Uniform Protection for Public Expression Act
Denise Antolini and Jeff PortnoyThe new law represents a major gain for civil rights particularly at a time when independent-minded media and public interests groups are outgunned by well-oiled capitalists and dark money.
Colorado Trial Court Dismisses Baseless Libel Suit Against Newspaper
Steven D. ZansbergA state trial court judge granted the anti-SLAPP motion of the Northglenn-Thornton Sentinel newspaper and dismissed a libel suit brought by a pro se plaintiff who claimed he was defamed by an article recounting his run-ins with the law arising from his protests at two Islamic religious centers.
Anti-SLAPP Tactical Considerations in New York State Versus Federal Courts
David S. KorzenikThe court had no difficulty concluding the article was a matter of legitimate public concern, a fair report of the prior proceedings, and published without actual malice. The significance of the decision, however, also lies in its approach to the recovery of legal fees under the New York SLAPP statute.
Court SLAPPs Conspiracy Theorist’s $250 Million Suit v. Chicago Sun Times
Damon E. Dunn and Seth A. SternThe suit demanded $250,000,000 in compensatory and punitive damages, which Judge O’Malley found signified retaliatory intent necessary to establish a 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.