Defamation
Ohio Court of Appeals Affirms Dismissal of Police Chief’s Defamation Claims Linked to True Crime Podcast
Kevin T. ShookThe court of appeals affirmed that plaintiff lacked evidence of actual malice and also found certain statements were not actionable under Ohio’s innocent construction rule.
Court Dismissed Defamation Case Arising from Environmental Advocacy Group’s Campaign to Protect Canadian Forests
Chelsea Kelly and Laura HandmanAfter seven years of litigation, court ruled that defendants had not acted with actual malice and dismissed the case in full.
Court Dismisses Trump’s Tortious Interference Claim Against The New York Times
Samantha C. HamiltonJudge Reed’s decision is especially important for reporters who have sources with NDAs.
Anti-SLAPP Bill Advances in New Jersey
Bruce RosenThis is the first time that an anti-SLAPP measure has been considered by committees in both houses of the NJ Legislature.
California Court Vacates Congresswoman’s Anti-SLAPP Win Against Political Foe
Matthew CateA California court revived a defamation claim against U.S. Rep. Maxine Waters in May, holding that her 2020 GOP opponent provided sufficient evidence that she acted with actual malice in making allegedly false statements about his military record.
Summary Judgment Awarded to Obstacle Course Racing Blogger
Madeleine Blair, Isabel White and Lindsey FloydIn a 74-page decision, the court dismissed all defamation and defamation per se claims against Davis for insufficient evidence of actual malice.
D.C. Court of Appeal Affirms Anti-SLAPP Fee Award in “Steele Dossier” Case
Chuck TobinThe court’s decision significantly strengthens arguments for defendants to recover fees under the District’s anti-SLAPP law, including the fees they expend in litigating entitlement to fees.
Arizona Supreme Court Finds Radio Host’s Statements Protected as Opinion, Political Speech
Michael J. LambertThe Arizona Supreme Court has issued a ringing endorsement for the safeguards provided to opinions and political speech in a defamation case involving a local radio talk show host.
Long-Run Effects of Dominion v. Fox
George FreemanThe judge’s decision to dismiss any argument based on the neutral reportage privilege was a lost opportunity. It could have corrected one of the few areas where good journalism and the law diverge.
Stop the Steal Organizer’s Narrowed Defamation Claim Proceeds to Discovery
Matthew CateRuling on a motion to dismiss, Judge Pitman held that an article’s characterizations of plaintiff as a “Jan. 6 Capitol riot organizer” and a person who “helped coordinate the Jan. 6 Capitol insurrection” were capable of being proven true or false, and therefore actionable in defamation, and that Bostic adequately pleaded the defendants published them…