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Defamation

Jan 2024

New Jersey Appellate Division Affirms Dismissal of Defamation Claims Against Prominent Local Blogger

Joe Slaughter and Seth Berlin

The decision capped a long and winding case that ended up providing speech-friendly precedents on a number of valuable topics.

Jan 2024

New York Times Awarded Nearly $400,000 in Trump Suit

Maya Gandhi

The decision arose from a lawsuit alleging that The Times had engaged in tortious interference by persuading Mr. Trump’s niece, Mary, to provide family financial documents to the reporters despite a confidentiality agreement that Mary and other family members had entered into as part of a settlement of an estate dispute.

Dec 2023

Another Unconstitutional Defamation Bill Proposed in Florida

Jim Lake

Proposed 2024 legislation would penalize use of anonymous sources and codify the ability of defamation plaintiffs to sue anywhere in the state for speech posted online.

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Nov 2023

Defamation Action Against The National Enquirer Dismissed on Summary Judgment

Robert S. Gutierrez

After more than three years of litigation with three successive law firms, talent manager Michael Sanchez’s defamation action against the National Enquirer was dismissed on summary judgment in August by Judge Dolly Gee. Yet it was not until October that the storied lawsuit was officially over.

Nov 2023

Florida Court Throws Out Heart Surgeon’s Defamation Suit Against CNN

Matt Kristoffersen

“It is disingenuous and anomalous on the part of Dr. Black and St. Mary’s to say on the one hand that CNN should be held liable for failing to report risk adjusted data, and on the other hand to deny CNN access to that very same data,” Senior Judge Richard Oftedal wrote in the decision.

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Oct 2023

Third Circuit Affirms Dismissal of Internet Defamation Claims as Time-Barred

Elizabeth Seidlin-Bernstein

In concluding that the claims were time-barred under Pennsylvania’s one-year statute of limitations for defamation, the Third Circuit provided welcome clarity on the application of the single-publication rule to statements made on the internet and by journalists during the reporting process.

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Oct 2023

NBCUniversal Wins Dismissal of January 6 Activist’s Defamation Complaint

Natalie J. Spears, Samuel Fifer, Gregory R. Naron and Jessica Laurin Meek

In a strongly worded opinion, Judge Bataillon of the District of Nebraska granted NBCU’s motion to dismiss with prejudice on substantial truth grounds.

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Oct 2023

“This Stuff Is Incomprehensible”: Will Mass. High Court Reconsider its Anti-SLAPP Jurisprudence?

Jeffrey J. Pyle

The Massachusetts Supreme Judicial Court may soon simplify its Byzantine interpretation of the Commonwealth’s Anti-SLAPP Law, if the justices’ questions at a recent oral argument are anything to go by.

Oct 2023

Anti-SLAPP and Neuwirth = A Tough Challenge for Plaintiffs in New Jersey

Bruce S. Rosen

New Jersey’s long-awaited version of the UPEPA Anti-SLAPP law becomes effective with filings as of October 9, 2023, but now it has added teeth, not from the Legislature, but because of the Appellate Division’s sweeping published decision in Neuwirth, requiring all “public” defamation cases to plead specific facts supporting an allegation of actual malice.

Sep 2023

Connecticut Supreme Court Clarifies the Scope of Connecticut’s Absolute Immunity Doctrine

Alexa Millinger and Kylie Huff

In a decision clarifying the limits of absolute immunity in defamation claims, the Connecticut Supreme Court held that a former Yale student accused of sexually assaulting a classmate can bring a civil defamation suit against his accuser arising out of a campus disciplinary proceeding.

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