Fair Report & Other Privileges
California Superior Court Strikes Claim Brought Against Nexstar Alleging Violation of California’s Safe at Home Statute
Jordyn OstroffJudge Gary D. Roberts of the Los Angeles Superior Court granted Nexstar’s anti-SLAPP motion in its entirety. The court first concluded that the claims were protected by the anti-SLAPP statute because they were based on Nexstar’s news broadcasts made in connection with (1) Doe’s underlying litigation against her landlord, and (2) issues of public interest,…
Court Dismisses Defamation Claim Against John Oliver Over Medicaid Segment, But Denies Request for Fees Under New York’s Anti-SLAPP Law
Sasha DuddingThe court held that the statements at issue, which sharply critiqued plaintiff Dr. Brian Morley’s denial of home health aide visits to a Medicaid patient, were protected speech on numerous grounds: under New York’s fair report privilege, as substantially accurate, as statements of opinion, and as not of and concerning the plaintiff.
Florida Court Dismisses $885 Million Defamation Claim Against The Miami Herald
Scott Ponce, Christine Walz, Kaatje Greenberg and Elizabeth BrownsteinThe court dismissed the complaint with prejudice, finding that "no amendment of the complaint would change the non-defamatory statements into defamatory ones."
Court Dismisses “January 6” Participant’s Defamation Claims Based on Fair Report Privilege, Substantial Truth, and Failure to Identify “John Doe” Reporters
Sara Benson, Todd Hambidge and Robb HarveyA Tennessee federal court recently dismissed a defamation action against Tegna and its Knoxville affiliate, holding that the challenged news reporting was protected by the fair report privilege and, in any event, was substantially true.
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.