Fair Report & Other Privileges
Defamation Claim Over Hollywood Feud Article Is Time-Barred
Minch Minchin and Rachel E. FugateIn a published opinion following oral argument, the Eleventh Circuit upheld dismissal of a time-barred defamation suit filed by a movie producer against his rival and magazine The Hollywood Reporter.
Federal Court Dismisses Justin Baldoni’s Libel Suit Against The New York Times
Alexandra SettelmayerIn an opinion issued June 9, which also dismissed Baldoni’s claims against his movie co-star Blake Lively, Judge Liman dismissed each of Baldoni’s claims against The Times — including defamation, false light invasion of privacy, promissory fraud, and breach of implied-in-fact contract — with prejudice.
Second Circuit Affirms Dismissal of Defamation Case Against Newsweek
Cameron Stracher and Sara TesorieroThe Second Circuit has affirmed the dismissal of a defamation claim against Newsweek on substantial truth and fair report grounds.
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.
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.
Article Tying Nursing Home Magnate to Human Trafficking, Medicaid Fraud & Elder Abuse Protected As Fair Report, True, and Opinion
Alia SmithJudge Azrack held that the challenged statements – concerning the poor quality of some of Landa’s nursing homes and alleged financial and other improprieties – were fair reports under N.Y. Civil Rights Law § 74, were substantially true, or were non-actionable opinions.
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.
Satanic Temple Lawsuit Against Newsweek Magazine Largely Dismissed
Cameron Stracher and Sara TesorieroThe Southern District of New York held that twenty-one of the twenty-two statements were not defamatory as a matter of law.
New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case
Matthew LeishA defendant who prevails on an anti-SLAPP motion to dismiss may recover its attorneys’ fees without the need to file a counterclaim or a separate lawsuit.
N.C. Court of Appeals Affirms Dismissal of Libel Suit Against WRAL
Mary Aline FertinThe Court of Appeals of North Carolina affirmed the dismissal of a libel suit against WRAL over its coverage of Crystal Mangum’s murder conviction.