Fair Report & Other Privileges
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.
Anti-SLAPP Tactical Considerations in New York State Versus Federal Courts
David S. KorzenikThe court had no difficulty concluding the article was a matter of legitimate public concern, a fair report of the prior proceedings, and published without actual malice. The significance of the decision, however, also lies in its approach to the recovery of legal fees under the New York SLAPP statute.
New Jersey State Court Imposes Sanctions Against Counsel for Pursuing Frivolous Defamation Claims
Elizabeth Seidlin-BernsteinA pair of recent decisions from a New Jersey trial court highlights the state’s strong legal protections for freedom of speech and the press.