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Defamation

Sep 2022

Delaware Court Grants Dismissal in ShotSpotter v. VICE Media

Jeremy Chase and Nimra Azmi

After finding that ShotSpotter had failed to state a claim on fair report, opinion, and truth grounds, the Court nevertheless proceeded to hold that ShotSpotter’s 413-page Complaint failed to adequately allege actual malice.

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Sep 2022

Texas Appeals Court SLAPPs Lawsuit Against Community Newspaper

Samuel Calkins

The term “right wing propaganda” in the context of the article was a constitutionally protected opinion and a statutorily privileged fair comment on a matter of public concern.

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Sep 2022

Rabbi’s Use of a Reputation Management Consultant Renders Him a Limited Public Figure

Chelsea Kelly

A Maryland trial court held that a rabbi became a limited public figure by hiring a reputation management consultant to digitally suppress negative content about him online and promote unrelated positive content.

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Sep 2022

Seventh Circuit Affirms Summary Judgment for Gannett

Brian Spahn

The court held that the allegedly defamatory statements at issue failed to state a defamation claim as the statements were both substantially true and protected under Wisconsin’s true and fair reporting of a judicial proceeding privilege. 

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Sep 2022

Judge Dismisses Social Media Agent’s Defamation Lawsuit Against The Times

Karen Chesley

A federal judge dismissed a libel claim against The New York Times and its former reporter brought by an agent for social media influencers, finding that most of the allegedly defamatory statements were non-actionable and that the agent failed to sufficiently allege actual malice.

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Sep 2022

Texas Court Grants CNN’s Motion To Dismiss Doctor’s $100 Million Defamation Suit

Bob Latham and Kate Bolger

“CNN accurately reported what [Dr. Immanuel] had said and the positions that government agencies and others had taken on medication for COVID,” reads the opinion.

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Sep 2022

Blocked or Not Blocked – That Was the Question

Meenakshi Krishnan and Nathan Siegel

Judge William Bertelsman awarded summary judgment to several media defendants (The New York Times, CBS, ABC, Gannett, and Rolling Stone) in a series of long-running defamation cases brought by Nicholas Sandmann. 

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Aug 2022

New York Times Prevails in Two Related Defamation Lawsuits

Dave Heller

The state court found that terms such as "racist" and "white nationalist" are non-actionable opinion and that, even if actionable, plaintiff had failed to show any evidence of actual malice.

Aug 2022

Court Dismisses Trademark & Related Claims Over Product Reference in Fictional TV Show

Kelli L. Sager, Dan Laidman, and Sarah Burns

Reinforcing the strong First Amendment protections for the use of real-life products and brands in expressive works, a Los Angeles federal court rejected a trademark and trade libel suit over an episode of “Evil.”

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Aug 2022

Court Dismisses Defamation Lawsuit Over Holocaust Complicity

Damon Dunn and Seth Stern

A judge dismissed defamation and false light invasion of privacy claims filed by three ethnic Poles who alleged that a Chicago Sun-Times opinion columnist ascribed “felonies under the laws of Illinois and Poland” to the “Plaintiffs and/or their families and Poles in general” when it referred to “widespread collaboration” in the killing of Jews during WWII.