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Fair Report & Other Privileges

Jul 2021

Alan Dershowitz’s Libel Suit Against CNN Survives Motion to Dismiss

Amanda Levine

Judge Singhal's decision has potentially far-reaching implications for media organizations reporting on issues of public concern.

Apr 2021

Eleventh Circuit Decides New York’s Fair Report Privilege Protects Gizmodo Report on Sealed Florida Court Filing

The Eleventh Circuit unanimously affirmed summary judgment for Gizmodo Media Group in a libel suit filed by Trump aide Jason Miller, finding that New York’s fair and true report privilege protected publication of allegations concerning Miller that were filed but under seal in a Florida paternity/custody proceeding.

Mar 2021

Second Circuit Affirms Dismissal of Attorney’s “Groping” Libel Suit Against New York Times

Al-Amyn Sumar

The Second Circuit has affirmed dismissal of a libel suit against The New York Times brought by a Justice Department official who took issue with a story reporting he had groped a young administrative assistant.

Mar 2021

Gannett Wins Summary Judgment on Defamation by Hyperlink Claim

Brian C. Spahn

Sometimes a hyperlink is the last word in a defamation case.

Feb 2021

Barron’s Wins Dismissal of Prominent Securities Lawyer’s Defamation Complaint

Natalie J. Spears and Gregory R. Naron

In a victory for investigative journalism emphasizing New York law’s strong protection for headlines, Judge Paul Engelmayer of the Southern District of New York dismissed with prejudice all claims against Dow Jones and veteran reporter Bill Alpert in a defamation lawsuit brought by a prominent securities lawyer arising from an online Barron’s magazine article.

Feb 2021

Defamation Claims Brought by Art Fraudsters Dismissed

Sigmund D. Schutz and Peter G. Callaghan

In a case mixing the sale of forged paintings and claims of defamation, a New Hampshire Superior Court recently ruled that reporting by several news organizations about an art forgery lawsuit is protected by the substantial truth doctrine and the fair report privilege.

Jan 2021

Nevada Fair Report Privilege Does Not Apply to Citizen Complaints to Police, Absent Some Official Government Action

Mara Gassmann

The Nevada Supreme Court reverses the district court’s dismissal of a defamation claim by billionaire, Republican activist, and casino magnate Steve Wynn against the Associated Press and its reporter.

May 2020

President Trump Is a Libel Bully Again and It’s Worse: He’s Suing from the White House

Susan E. Seager

Donald J. Trump the Libel Bully is back. But this time, rather than filing frivolous libel lawsuits against the press as a private citizen, Trump is filing meritless lawsuits against the press as president of the United States.