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Defamation

Feb 2025

The Illinois Anti-SLAPP Statute: An Autopsy and Hope for the Future

Gregory R. Naron

The Illinois Supreme Court’s nullifying interpretations of the CPA have exposed Illinois journalists and news outlets to intimidating SLAPP litigation and have done a disservice to its citizens. It is long past time for a new beginning.

Feb 2025

Texas Court Dismisses Former Nigerian Ambassador’s Defamation Claim Against News Website

Barclay Proctor

The Court dismissed the entire action without prejudice, finding it was not within its power to consider the Defendants' other alleged bases for dismissal once it found that it lacked jurisdiction.

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Feb 2025

Connecticut Supreme Court Holds Calling Someone a “White Supremacist” Is Not Defamatory

Alexa T. Millinger and Rose Athena Collins

In an ever-increasingly polarized climate, Murphy offers some guidance as to when inflammatory language may be legally actionable.

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Feb 2025

Wisconsin Court Dismisses Suit Against News Organizations Over Political Ad

Anna Kaul

The decision delivered a strong victory for early dismissal of suits involving protected speech – in a state without an anti-SLAPP law.

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Feb 2025

Nevada Supreme Court Rules that Declaratory Relief Claims Subject to Anti-SLAPP Statute

Matthew S.L. Cate

The decision reaffirms and further clarifies its prior holding that the anti-SLAPP law is not limited “to only certain claims for relief.” And it reverses a trial court that expressed concern that granting the anti-SLAPP motion—thereby triggering the law’s mandatory fee-shifting provision—would “punish” a police union that has sued the Review-Journal for publishing lawfully obtained…

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Jan 2025

Former Northwestern Baseball Coach’s Defamation Claim Dismissed with Prejudice

Julia Dacy

The Tribune argued that the Illinois innocent construction rule required dismissal of all claims because the statements describing Foster’s coaching style as tough or demanding did not necessarily call into question his integrity or ability to do his job.

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Jan 2025

Defamation Lawsuit against Baby Reindeer Survives Motion to Dismiss

Rachel Oh

The court held that plaintiff, Scottish law graduate Fiona Harvey, sufficiently pled that the series was “of and concerning” her and published with actual malice. Key to the court’s ruling was an opening title card stating “this is a true story” which it found outweighed a disclaimer at the end of each episode that the…

Jan 2025

Court Dismisses Implied Defamation Claims Brought by Former Principal in New York Philharmonic

Kate Bolger and Mary Goetz

The opinion from the Southern District of New York found that neither a longform article nor statements made by its author on a podcast intended to imply defamatory statements about the plaintiff.

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Jan 2025

Fox News SLAPPs Defamation Suit, Wins Attorney Fees in District Court

Matt Kristoffersen

A former Hunter Biden business partner faced a double loss in the Southern District of New York late last year. Anthony Bobulinski’s $30 million defamation lawsuit against Fox News’s Jessica Tarlov, filed after the co-host of “The Five” said that a Trump Super PAC paid his legal fees, couldn’t survive a motion to dismiss under…

Jan 2025

Ohio Enacts Anti-SLAPP Law

Kevin T. Shook

For years, the absence of an Anti-SLAPP law left Ohio news outlets vulnerable to lawsuits bankrolled by powerful interests seeking to suppress truthful reporting. The state's new law aims to level the playing field.