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Fair Report & Other Privileges

Mar 2022

In Praise of the Neutral Report Privilege  

George Freeman

For some inexplicable reason, the privilege has not been accepted by most courts.

Jan 2022

Delaware Court Upholds Dismissal of Libel Suit by Former Trump Campaign Adviser Against Yahoo News and HuffPost

Jeff Grossman

In upholding the manner in which Yahoo News reported on aspects of the government’s investigation related to what later came to be known as the “Steele Dossier,” the 4-1 decision represents an affirmation of the legal protections for reporting on government investigations.

Sep 2021

Florida Court Applies Fair Report Privilege to Toss Former State Investigator’s Libel Suit Against Local Station

Karen Williams Kammer

The court entered final summary judgment in favor of the station and reporter Bob Norman, finding, among other things, that what they had reported was true in all material respects.

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.