Defamation
Florida’s Anti-SLAPP Law Turns 10 And Grows Into A Substantive Immunity
Marc RandazzaWhile Florida’s Anti-SLAPP law is one of the weakest in the United States, the Vericker decision moves it up a few notches.
Court SLAPPs Defamation Case Against Freelance Investigative Reporter
Wesley P. PaulThe court held that the articles about alleged manipulation of public traded stocks fell clearly within the scope of the anti-SLAPP statute and that plaintiff failed to plead any facts sufficient to establish they were published with actual malice. Notably, the court held that allegations about prior litigation and disputes between Honig and Buhl did…
Montana Enacts UPEPA Anti-SLAPP Law
Michael MeloyHB 292, sponsored by freshman Republican Representative Tom Millett of Libby, MT, is an exact derivative of the Uniform Law Commission Model Anti-SLAPP Act.
Libel-Proof Plaintiff Defense Applied in Mugshot Defamation Case
David Chavez and Kaitlin M. GurneyJudge Fitzpatrick found that “considering Young’s criminal history, it is concluded that Young could not have suffered any additional harm because his reputation in the community was already so tarnished before the publication that no further harm could have occurred.”
Court Dismisses Defamation Action Against The Real Deal
Gillian VernickThis decision is yet another case to cite for the proposition that one does not need to bring a stand-alone motion for fees, as the Court awarded fees on the anti-SLAPP motion to dismiss.
“Central Park Five” Defamation Lawsuit Against Trump Largely Survives Motion to Dismiss
Matt KristoffersenIn an April 10 opinion, Judge Beetlestone disagreed with Trump that his statements were meant merely as opinion. Since his assertions could be objectively determined to be false — the then-teenagers didn’t plead guilty and didn’t kill anyone — his claims must be considered fact, she wrote.
Denials of Anti-SLAPP Motions Now Appealable Under Florida Law
Minch Minchin and Rachel FugateFollowing years of uncertainty, including an intermediate appellate court split and an apparent change of heart, the Florida Supreme Court has determined that denials of anti-SLAPP motions are appealable under interlocutory review.
First Amendment & Defamation Claims Against NewsGuard Dismissed With Prejudice
Amir C. TayraniThe decision reaffirms multiple important principles of First Amendment and defamation law, including the fundamental distinction between private conduct (which is protected by the First Amendment) and state action (which is constrained by the First Amendment), the non-actionable status of expressions of opinion, and the high bar that public figures such as Consortium News must…
Court Dismisses Defamation Suit by Former Mississippi Governor Related to Welfare Scandal
Donna Jacobs and Haley GregoryThe court found that all four of the allegations of actual malice were conclusory. Then, taking each in turn, the court determined that Rosenberg did not act with actual malice by “ignoring a mountain of objective evidence” proving Bryant’s innocence.
Newsweek Wins Summary Judgment in Satanic Temple Lawsuit
Cameron Stracher and Sara TesorieroApplying the substantive requirements of the New York anti-SLAPP statute, Judge Mary Kay Vyskocil of the Southern District of New York held that no reasonable jury could find by clear and convincing evidence that Newsweek published the relevant statement with actual malice and granted Newsweek’s Motion for Summary Judgment.