Defamation
Utah Court Dismisses Defamation Suit Against Newspaper Under Uniform Public Expression Protection Act
Jeffrey J. Hunt, David C. Reymann, and Tammy M. FrisbyA Utah state district court recently dismissed a defamation lawsuit brought against a weekly newspaper in what is believed to be the first application of the state’s new Uniform Public Expression Protection Act (UPEPA) to news reporting.
Second Circuit Affirms Dismissal of Defamation Case Against Newsweek
Cameron Stracher and Sara TesorieroThe Second Circuit has affirmed the dismissal of a defamation claim against Newsweek on substantial truth and fair report grounds.
Sarah Palin’s Second Chance to Try Libel Case Against The New York Times Set for April
Tim TaiThe move comes after a panel of the U.S. Court of Appeals for the Second Circuit threw out a jury verdict and the judge’s own Rule 50 decision for The Times in August, reviving Palin’s case.
Defamation Suit Over Nancy Grace True Crime Show and Podcast Dismissed
Mary Ellen Roy and Elana BeiserConsidering the allegedly defamatory statements as a whole in the context in which they were made, the Court held that they are not defamatory because they are not “of and concerning” the Plaintiffs, are substantially true, and/or are opinion on disclosed facts.
Actual Malice Practice Guide
This new edition builds on the excellent work done in past versions of the Practice Guide by adding important new case law to existing sections, as well as adding new sections. Most notably, the Practice Guide now includes an in-depth look at the pleading standards for actual malice under the Supreme Court’s Twombly and Iqbal…
Threats to the Media in the Second Trump Term
George FreemanWhile we can also draw on his first term as a guide, the sad truth is that this second administration is likely to be far worse and far more hostile to the press and to First Amendment values: He’s learned from his first four years; he will only have yes-men surrounding him, no experts and…
Publishers Win Anti-SLAPP Motion and Fee Award in Lawsuit Over Book Cover
David Aronoff and Josh BornsteinThe lawsuit involved claims by plaintiff Patrick Wizmann, who alleged that a statement written on the dust jacket of the book Dreams Don’t Die is allegedly false and misleading.
Court Dismisses Libel Claim by Former Nonprofit Leader Accused of Bad-Boss Behavior
Matthew S.L. Cate and Alia L. SmithA former executive director of a non-profit research group focused on gender equality failed to state a libel claim arising from an article about her embattled leadership and working conditions during her tenure, a district court judge ruled in September.
Court Dismisses Defamation Claims Brought By Buffalo Strip Club Owner
Daniela Abratt-CohenA Buffalo strip club owner who alleged he had been defamed by news articles about his arrest cannot proceed with his claims after a Miami judge ruled that the reporting at issue was substantially true, privileged as an official report, and protected by the wire service defense.
NH Court Rules Union Leader Op-ed “Merely Expressive Rhetoric … Not Designed to Assert Factual Allegations”
William L. ChapmanOp-ed charged plaintiff with supporting white supremist ideology.