Defamation
On Leakers and Lakers: Reflections on Two Recent MLRC Zoom Sessions
George FreemanMLRC'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."
Colorado Court Grants News Anchor’s Anti-SLAPP Motion
Steven D. ZansbergIn 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.
New York Appellate Court Affirms Anti-SLAPP Legal Fees to Newspaper
Karim AbdullaThe 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.
Second Circuit Affirms Dismissal of The Most Bizarre Lawsuit Involving The Most Gullible Man in Cambridge
Jeremy ChaseThe 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…
Texas Federal Courts Analyze Personal Jurisdiction in Online Defamation Cases
Michael J. LambertTexas 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.
Maine Newspaper Cleared in Defamation Case Involving Alleged Sexual Abuse of Minors by Police
Cynthia CountsA 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.
Second Circuit Affirms Dismissal of Chinese Company’s Defamation Suit Against VICE
Amanda LevineThe 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.
In Praise of the Neutral Report Privilege
George FreemanFor some inexplicable reason, the privilege has not been accepted by most courts.
Second Circuit Affirms Dismissal of Defamation Suit Against Researcher
Dori Hanswirth and Sam CallahanThe decision reaffirms the overriding importance of context under New York defamation law, particularly for statements made amid ongoing public controversies.
Afterword
Lee LevineIt 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.