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Defamation

May 2022

On Leakers and Lakers: Reflections on Two Recent MLRC Zoom Sessions

George Freeman

MLRC's executive director reflects on tthe recent SCOTUS leak, and a retraction demand sent by Jerry West to the producers of HBO's "Winning Time."

Apr 2022

Colorado Court Grants News Anchor’s Anti-SLAPP Motion

Steven D. Zansberg

In only the second case to date to apply Colorado’s anti-SLAPP Act (passed into law in 2019) to a news outlet, a trial court judge tossed a defamation case against Kyle Clark, the nightly news anchor at KUSA-TV/9News, the TEGNA-owned NBC affiliate in Denver. 

Mar 2022

New York Appellate Court Affirms Anti-SLAPP Legal Fees to Newspaper

Karim Abdulla

The decision serves to tee up a divide between Appellate Divisions on the issue of retroactivity because the First Department went the other way in Gottwald v Sebert (the “Dr. Luke v Ke$ha” case), holding that the anti-SLAPP amendments should not have retroactive application.

Mar 2022

Second Circuit Affirms Dismissal of The Most Bizarre Lawsuit Involving The Most Gullible Man in Cambridge

Jeremy Chase

The convoluted lawsuit of Harvard Law School Professor Bruce Hay against New York Magazine and its reporter over their 2019 article about his tabloid-ready relationship and legal wrangling with Maria-Pia Shuman and her transgender wife came to a fitting conclusion in March as the Second Circuit affirmed Judge Oetken’s decision denying Hay leave to file…

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Mar 2022

Texas Federal Courts Analyze Personal Jurisdiction in Online Defamation Cases  

Michael J. Lambert

Texas federal courts have sent a clear message to those considering filing a defamation suit over online statements – personal jurisdiction only exists if the statements concern the forum or the defendant is located in the state.

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Mar 2022

Maine Newspaper Cleared in Defamation Case Involving Alleged Sexual Abuse of Minors by Police

Cynthia Counts

A York County Superior Court jury has found in favor of a Maine newspaper and two reporters accused of defamation for reporting on sexual abuse allegations dating back to the 1970s – and spanning decades – against a now retired police captain.

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Mar 2022

Second Circuit Affirms Dismissal of Chinese Company’s Defamation Suit Against VICE

Amanda Levine

The claim stemmed from an article that VICE published on April 11, 2020 titled Trump Blacklisted This Chinese Company. Now It’s Making Coronavirus Masks for U.S. Hospitals. 

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Mar 2022

In Praise of the Neutral Report Privilege  

George Freeman

For some inexplicable reason, the privilege has not been accepted by most courts.

Mar 2022

Second Circuit Affirms Dismissal of Defamation Suit Against Researcher

Dori Hanswirth and Sam Callahan

The decision reaffirms the overriding importance of context under New York defamation law, particularly for statements made amid ongoing public controversies.

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Mar 2022

Afterword

Lee Levine

It is very difficult to accept the notion that a decision reached by a unanimous Court in 1964, and then reaffirmed by an eight-justice majority a quarter century later, could somehow have been rendered illegitimate barely two decades after that. 

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