Opinion
Second Circuit Affirms Dismissal of Defamation Claim by “Kai the Hatchet Wielding Hitchhiker”
Lynn Oberlander and Sasha DuddingMcGillvary contended that the Rolling Stone article contained four defamatory statements about him. The trial court, and now the Second Circuit, agreed with Rolling Stone that none of the statements at issue were defamatory.
“Central Park Five” Defamation Lawsuit Against Trump Largely Survives Motion to Dismiss
Matt KristoffersenIn an April 10 opinion, Judge Beetlestone disagreed with Trump that his statements were meant merely as opinion. Since his assertions could be objectively determined to be false — the then-teenagers didn’t plead guilty and didn’t kill anyone — his claims must be considered fact, she wrote.
Wisconsin Court Dismisses Suit Against News Organizations Over Political Ad
Anna KaulThe decision delivered a strong victory for early dismissal of suits involving protected speech – in a state without an anti-SLAPP law.
NH Court Rules Union Leader Op-ed “Merely Expressive Rhetoric … Not Designed to Assert Factual Allegations”
William L. ChapmanOp-ed charged plaintiff with supporting white supremist ideology.
Louis Farrakhan’s $4.8 Billion Defamation Lawsuit Against Jewish Groups Dismissed
Nathan Siegel and Adam RichThe court held that Farrakhan failed to plead a defamation claim because the challenged statements were protected opinion, and that he also failed to plead falsity or actual malice.
It’s “OK” To Call a Police Officer Racist
John C. Greiner and Darren FordThe court had little trouble concluding that the allegedly offending statements were opinion protected under Ohio law.
Nicholas Sandmann Blocked on Appeal
Meenakshi Krishnan and Nathan SiegelThe Sixth Circuit affirmed the District Court’s grant of summary judgment to several media defendants (The New York Times, CBS, ABC, Gannett, and Rolling Stone) in a series of long-running defamation cases brought by Nicholas Sandmann.
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.
Virginia Court Dismisses Homeowners’ Case Over B-Roll Footage in Jan. 6 News Story
Hilary OranThough courts rarely find that a party has been fraudulently joined, the court did so in this instance.
Virginia Federal Court Grants Gannett’s Motion to Dismiss Defamation Lawsuit Brought by Prominent Anti-Vaxxer and Covid Critic
Michael J. GrygielThe threshold dismissal was particularly welcome — and appropriate — because the Complaint targeted the newspaper’s reporting on a newsworthy community event implicating vitally important public health issues.