Defamation

Fox News Dismissed from Lawsuit in Less Than 90 Days with Public Apology

Garcia’s counsel publicly pilloried Fox—the first named defendant in the case—for its supposedly shoddy journalism. There was just one problem: Fox News Network had been careful not to publish Garcia’s image before it could be verified. As a result, Fox never published Garcia’s image.

NY Appellate Court Affirms Dismissal of Claims and Award of Attorney’s Fees in Favor of Media

First Anti-SLAPP Win under NJ’s New UPEPA Law

Nine months after New Jersey enacted its first anti-SLAPP law, essentially adopting the Uniform Public Expression Protection Act, a New Jersey trial court was the first to dismiss a SLAPP action.

Texas Court of Appeals Dismisses Claims by Politically Connected Entrepreneur on Statute of Limitations Grounds

A Texas court of appeals rejected a telehealth company’s attempt to evade the state’s one-year statute of limitations on defamation claims by relabeling its claims as business disparagement and other torts.

A Cautionary Tale for Defamation Plaintiffs: Going Back to the Lion’s Den to Retrieve Your Hat

The outcome is hugely significant because it's the first time a court has made a finding about what happened at Parliament House on that night over 5 years ago – and provides long overdue vindication for Brittany Higgins. 

Newsweek Wins Dismissal on Substantial Truth

Judge Buchwald held that technical inaccuracies in Newsweek’s reporting about a guilty plea entered by Plaintiff Olivet University did not give rise to a defamation claim where the gist of the allegedly defamatory statement was substantially true.

Houston Appeals Court (Finally) Dismisses Defamation Claims Against ProPublica and Houston Chronicle

In its decision, the First District Court of Appeals in Houston found that Defendants’ reporting on the plaintiff’s career as a heart surgeon and the concerns that had been raised about some of his practices and procedures, as well as his failure to follow protocols in clinical trials, was substantially true.

Louis Farrakhan’s $4.8 Billion Defamation Lawsuit Against Jewish Groups Dismissed

The court held that Farrakhan failed to plead a defamation claim because the challenged statements were protected opinion, and that he also failed to plead falsity or actual malice.

Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)

UPEPA aims to provide a clear framework for the efficient review and dismissal of SLAPPs.

Montana Supreme Court Applies N.Y. Fair Report Privilege to Dismiss Libel Claim by Montana Plaintiff

The Montana Supreme’s Court’s decision is the first by any high court to find that a publisher’s home state has the most significant interest in applying its fair report privilege.