Defamation
A Cautionary Tale for Defamation Plaintiffs: Going Back to the Lion’s Den to Retrieve Your Hat
Marlia Saunders and Amelia CausleyToddThe 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
Cameron Stracher and Sara TesorieroJudge 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
Reid PillifantIn 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
Nathan Siegel and Adam RichThe 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)
Sigmund D. Schutz and Alexandra A. HarrimanUPEPA 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
Adam I. Rich and Laura R. HandmanThe 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.
Texas Appellate Court Rejects LLC Plaintiff’s Bid for Statewide Venue in Defamation Case
Marc FullerA Texas court of appeals recently clarified the state’s venue statute governing libel and slander claims, rejecting an interpretation that would have given limited liability companies, partnerships, and other business entities the ability to file suit almost anywhere in the state.
Missouri Legislature Considers Anti-SLAPP Bill
Jean ManekeThere are at least two other bills pending in the Missouri legislature containing nearly identical anti-SLAPP language, one before the House and one before the Senate, but neither of those bills has been set for a committee hearing yet and it gets more and more unlikely that they will move quickly once spring break is…
Broadcaster Wins Summary Judgment and Attorneys’ Fees Under New York’s Expanded Anti-SLAPP Statute
Jacquelyn Schell and Chad BowmanThe news reports about sexual assault claims against the Catholic Church were protected by the fair report privilege and plaintiff failed to adduce any evidence of gross irresponsibility.
Prosecutor’s Defamation Suit SLAPPed On Appeal
Cam RukThe Supreme Court of Texas granted a newspaper’s anti-SLAPP motion, dismissing a state prosecutor’s claim that he was defamed in an article discussing a wrongful murder conviction.