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Defamation

Mar 2024

Prosecutor’s Defamation Suit SLAPPed On Appeal

Cam Ruk

The Supreme Court of Texas granted a newspaper’s anti-SLAPP motion, dismissing a state prosecutor’s claim that he was defamed in an article discussing a wrongful murder conviction.

Mar 2024

Massachusetts High Court: Motive is Irrelevant Under Anti-SLAPP Law

Jeffrey J. Pyle

In Bristol Asphalt v. Rochester Bituminous Products, the court overturned a controversial 2017 decision that required evaluation of the SLAPP filer’s “primary motivating goal” for bringing suit. The court also held that appellate review of anti-SLAPP decisions will henceforth be de novo, not for abuse of discretion.

Mar 2024

Anti-SLAPP Developments in the UK and Europe and What It’s Like Being Slapped in Greece

David Hooper

There are things to learn from the markers set out by the EU and Council of Europe as to the identifying features of SLAPPs and how to produce a draft law acceptable to a wide spectrum of differing approaches to anti-SLAPP law.

Mar 2024

RFK, Jr. Loses In New Hampshire

Jack Greiner

Kennedy's effort to have that court exercise jurisdiction over his defamation suit failed out of the gate.

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Mar 2024

D.C. Court Affirms Anti-SLAPP Dismissal, and Attorneys’ Fees, in Case About Newsroom Manager’s Workplace Conduct

Alia Smith

The D.C. Court of Appeals affirmed the dismissal of a pair of lawsuits, under the D.C. Anti-SLAPP Act, alleging claims of defamation, employment discrimination, false light, and tortious interference arising from expressions critical of a newsroom manager’s conduct at public radio station WAMU. This is the first case counsel is aware of extending the D.C.…

Mar 2024

Calling Someone Racist Not Defamatory

Michael S. Anderson

In affirming dismissal, the Court of Appeals held that the characterization of a particular statement as “racial” or “racist” constitutes non-actionable opinion protected by the First Amendment.

Mar 2024

Jury Awards $25M in Damages, Including $20M in Punitive Damages, for The Oklahoman’s Misattribution of Racial Slur

Michael Norwick

Actual malice finding and massive punitive award comes notwithstanding the Gannett-owned newspaper’s correction of the error within two and a half hours.

Jan 2024

Controversial Politician Kari Lake Loses Anti-SLAPP Motion, Showing Flaws in Arizona Statute

Gregg Leslie

The recent denial of a controversial Arizona anti-SLAPP motion by politician Kari Lake has demonstrated the flaws and unanswered questions hidden in the Arizona Anti-SLAPP law, which was amended in 2022 and has yet to be the subject of an appellate decision.

Jan 2024

Dismissal of Golfer’s Defamation Suit and Fee Award Tees Up 11th Circuit’s Consideration of Anti-SLAPP in Federal Court

Linda Riedemann Norbut

The availability of Florida anti-SLAPP protection in federal court is teed up for resolution by the Eleventh Circuit Court of Appeals following the award of sanctions to media defendants who prevailed on claims by professional golfer Patrick Reed.

Jan 2024

It’s “OK” To Call a Police Officer Racist

John C. Greiner and Darren Ford

The court had little trouble concluding that the allegedly offending statements were opinion protected under Ohio law.

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