Defamation
Texas Supreme Court Holds the TCPA Applies to Constitutional Challenge to The Texas Heartbeat Act
Sean NussbaumThe Court resolved only the question of whether the TCPA’s dismissal procedure was available to Weldon and remanded the case to the court of appeals to consider the remaining steps involved in the TCPA analysis—whether the Lilith Fund can establish a prima facie case for its claims and whether Weldon can establish a defense as…
New Jersey UPEPA Appellate Review Gathers Steam
Bruce S. RosenNew Jersey’s appellate courts – after at least one false start – appear ready to definitively interpret UPEPA and the scope of anti-SLAPP protection.
Seventh Circuit Tosses “Are We Dating the Same Guy?” Lawsuit — and Considers Sanctioning Plaintiff’s Lawyers
Matt KristoffersenNikko D’Ambrosio cannot move forward with his lawsuit over posts made about him in Chicago’s “Are We Dating the Same Guy?” Facebook group, the Seventh Circuit held in May. And his lawyers may have their own problems now, too.
Can a Federal Court Award SLAPP Fees On a Motion to Dismiss?
Adam I. RichA March 2026 opinion from the District of Delaware adds a new wrinkle to the ongoing debate over how federal courts apply the fee-shifting provision of New York's anti-SLAPP law.
Texas Court Dismisses Defamation Claims Against Sahara Reporters Due to Lack of Personal Jurisdiction
Douglass BrownThe court held that Sahara Reporters’ website, while minimally interactive, did not constitute sufficient contacts with Texas to establish personal jurisdiction over Sahara Reporters because the focal point of the alleged libel and harm was in Nigeria, not Texas
Court Dismisses Defamation Claim Against John Oliver Over Medicaid Segment, But Denies Request for Fees Under New York’s Anti-SLAPP Law
Sasha DuddingThe court held that the statements at issue, which sharply critiqued plaintiff Dr. Brian Morley’s denial of home health aide visits to a Medicaid patient, were protected speech on numerous grounds: under New York’s fair report privilege, as substantially accurate, as statements of opinion, and as not of and concerning the plaintiff.
Second Circuit Affirms Dismissal of Satanic Temple Case Against Newsweek
Cameron Stracher and Sara TesorieroThe court reiterated that “there is a critical difference between not knowing whether something is true and being highly aware that it is probably false, and only the latter establishes reckless disregard in a defamation action.”
Florida Court Dismisses $885 Million Defamation Claim Against The Miami Herald
Scott Ponce, Christine Walz, Kaatje Greenberg and Elizabeth BrownsteinThe court dismissed the complaint with prejudice, finding that "no amendment of the complaint would change the non-defamatory statements into defamatory ones."
Second Circuit Affirms Dismissal of Defamation Claim by “Kai the Hatchet Wielding Hitchhiker”
Lynn Oberlander and Sasha DuddingMcGillvary contended that the Rolling Stone article contained four defamatory statements about him. The trial court, and now the Second Circuit, agreed with Rolling Stone that none of the statements at issue were defamatory.
Court Dismisses Defamation Claim by Kash Patel, But Denies Request for Fees Under New York’s Anti-SLAPP Law
Maggie Burreson, Abby Lahvis, and Marc FullerThe court held that Figliuzzi’s statement, a sarcastic quip about Patel’s high-profile social life, was rhetorical hyperbole.