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Fair Report & Other Privileges

May 2024

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

Adam I. Rich and Laura R. Handman

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.

Mar 2024

Broadcaster Wins Summary Judgment and Attorneys’ Fees Under New York’s Expanded Anti-SLAPP Statute

Jacquelyn Schell and Chad Bowman

The 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.

Aug 2023

Article Tying Nursing Home Magnate to Human Trafficking, Medicaid Fraud & Elder Abuse Protected As Fair Report, True, and Opinion

Alia Smith

Judge 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.

Apr 2023

Long-Run Effects of Dominion v. Fox

George Freeman

The 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.

Mar 2023

Satanic Temple Lawsuit Against Newsweek Magazine Largely Dismissed

Cameron Stracher and Sara Tesoriero

The Southern District of New York held that twenty-one of the twenty-two statements were not defamatory as a matter of law.

Mar 2023

New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case

Matthew Leish

A 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.

Oct 2022

N.C. Court of Appeals Affirms Dismissal of Libel Suit Against WRAL

Mary Aline Fertin

The Court of Appeals of North Carolina affirmed the dismissal of a libel suit against WRAL over its coverage of Crystal Mangum’s murder conviction.

Sep 2022

Anti-SLAPP Tactical Considerations in New York State Versus Federal Courts

David S. Korzenik

The 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.

Sep 2022

New Jersey State Court Imposes Sanctions Against Counsel for Pursuing Frivolous Defamation Claims

Elizabeth Seidlin-Bernstein

A pair of recent decisions from a New Jersey trial court highlights the state’s strong legal protections for freedom of speech and the press.

Aug 2022

Fair Report 50-State Survey

The Fair Report Survey 50-State is a state-by-state guide to the idiosyncrasies of the fair report privilege.