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Defamation

Aug 2022

Court Dismisses Radio Host’s “Liar Libel” Defamation Claim

Steven Mandell, Brian D. Saucier and Lyndsey Wajert

The judge dismissed the lawsuit against the Chicago media company, deciding the company’s statement, merely expressing disagreement with its former employee’s “characterizations,” did not constitute defamation.

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Aug 2022

Orange Crushed: D.C. Court Dismisses Politician’s SLAPP Suit

Matthew Cate, Chad R. Bowman, and Charles D. Tobin

A D.C. politician failed to assert viable claims against a newspaper over coverage of his departure from government service and his “rocky” tenure at the D.C. Chamber of Commerce, a D.C. Superior Court judge ruled in August.

Aug 2022

Michigan Judge Gives Boot to Libel Suit By Man Who Gave Nazi Salute, Shouted ‘Heil Hitler’ At School Board Meeting

Herschel P. Fink

A man who disrupted a suburban Detroit school board hearing with a Nazi salute and shouts of “Heil Hitler!” to protest a proposed mask mandate, and then sued for libel after his actions were widely reported, lost his case against five news outlets.

Aug 2022

Ninth Circuit Affirms Dismissal of Protracted Planet Aid Libel Matter

Shawn Musgrave and D. Victoria Baranetsky

The panel affirmed the district court’s granting of a motion to strike under California’s anti-SLAPP law, finding that the lower court correctly determined that plaintiffs, were limited-purpose public figures and that they had failed to satisfy the actual malice standard.

Aug 2022

Texas Court of Appeals Upholds Anti-SLAPP Dismissal of Claims Brought by Suspect in Child Pornography Case

Catherine Robb

FTS filed an Anti-SLAPP Motion arguing that the complained of statements were substantially true, accurate reports of third-party allegations, and privileged under the fair report and fair comment privilege.

Aug 2022

Fair Report 50-State Survey

The Fair Report Survey 50-State is a state-by-state guide to the idiosyncrasies of the fair report privilege.

Jun 2022

Roy Moore Defamation Claim Over Political Ad Headed to Trial

J. Evans Bailey

The trial will mark the second defamation trial in Alabama in the last six months related to allegations of sexual impropriety which arose during Moore’s 2017 campaign for the United States Senate seat vacated by Jeff Sessions.

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Jun 2022

How Virginia Law Paved The Way for Depp v. Heard

Brandon H. Elledge, Timothy Taylor, Christine N. Walz, and Caitlin A. Eberhardt

In the wake of the recent trial and verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors that led to this result.

Jun 2022

Second Circuit Affirms CNN Win in Devin Nunes Lawsuit

Stephen J. Fuzesi & Matthew J. Greer

In a ruling that hinged on a choice-of-law determination in favor of California law, the Second Circuit affirmed the dismissal of a defamation lawsuit filed by former California Congressman Devin Nunes against CNN arising out of coverage of the first Trump impeachment.

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Jun 2022

Banks v. Cadwalladr – Meaning, Intention & Public Interest

Emma Linch

The length and detail of the judgment demonstrates the level of detail required to succeed in a public interest defence.