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Defamation

Oct 2021

Privileging Opinion, Denigrating Discourse: How the Law of Defamation Incentivizes News Talk-Show Hyperbole

Clay Calvert

This Article examines how defamation law promotes a culture of hyperbole and exaggeration on television news talk shows at the expense of more meaningful dialogue and discourse.

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Oct 2021

The Libel-Proof Plaintiff: Sorting Fact and Opinion in the Age of Rhetorical Hyperbole

Dan Novack and Sara Shayanian

An emerging trend allows defendants to weaponize their own outrageousness to escape liability via the doctrine of rhetorical hyperbole. By tanking their own reputation for calling it straight, they can live to defame another day.

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Sep 2021

Landmark Defamation Decision in Australia Says You Are Liable for the Comment Section

Peter Bartlett and Tess McGuire

In a decision with far-reaching ramifications for social media engagement in Australia, the country's top court ruled that media companies may be liable for allegedly defamatory comments left by readers on their Facebook posts.

Sep 2021

Illinois Court Sends Windy City Rehab Defamation Claims to California

Steven Mandell and Brian Saucier

Although upholding the lower court’s decision, the Illinois Appellate Court arguably crafted a new framework to determine whether a forum selection clause applied to tort claims.

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Sep 2021

Illinois Court Upholds Summary Judgment in Favor of Crain’s Chicago Business Against Attention-Seeking Tech CEO

Steven Mandell and Brian Saucier

The court entered summary judgment in favor of the defendants, finding that Joseph Fox was a limited purpose public figure who failed to introduce any evidence of actual malice, that the statements in the article were substantially true, and that one of the statements was not actionable under the Illinois innocent construction rule.

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Sep 2021

Eighth Circuit: Post-Complaint Hyperlink to Unchanged Story Constitutes a Republication, May Show Actual Malice

Mike Nepple

A federal court partially reinstated Devin Nunes’s defamation lawsuit over an Esquire article, determining that some libel-by-implication claims were actionable, and that a post-publication tweet, after the reporter had received Nunes’s denial, could evidence actual malice.

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Sep 2021

Media Clients Exonerated in Maine Libel Case

A federal judge sided with Maine ‘s two largest newspapers in a libel lawsuit filed four years ago by a former VA doctor.

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Sep 2021

Florida Court Applies Fair Report Privilege to Toss Former State Investigator’s Libel Suit Against Local Station

Karen Williams Kammer

The court entered final summary judgment in favor of the station and reporter Bob Norman, finding, among other things, that what they had reported was true in all material respects.

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…