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Opinion

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.

May 2023

Virginia Court Dismisses Homeowners’ Case Over B-Roll Footage in Jan. 6 News Story

Hilary Oran

Though courts rarely find that a party has been fraudulently joined, the court did so in this instance.

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May 2023

Virginia Federal Court Grants Gannett’s Motion to Dismiss Defamation Lawsuit Brought by Prominent Anti-Vaxxer and Covid Critic

Michael J. Grygiel

The 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.

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May 2023

Court Dismissed Defamation Case Arising from Environmental Advocacy Group’s Campaign to Protect Canadian Forests

Chelsea Kelly and Laura Handman

After seven years of litigation, court ruled that defendants had not acted with actual malice and dismissed the case in full.

Apr 2023

Arizona Supreme Court Finds Radio Host’s Statements Protected as Opinion, Political Speech

Michael J. Lambert

The Arizona Supreme Court has issued a ringing endorsement for the safeguards provided to opinions and political speech in a defamation case involving a local radio talk show host.

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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

Texas Supreme Court Reaffirms Protection for Opinion

Samuel W. Calkins

The Court held unanimously that the statements were opinions in the context of the national abortion debate.

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Jan 2023

Defamation Suit Against Daily Beast Dismissed

Andrew M. Pauwels

This case should serve as a reminder to media defense attorneys of the many arguments available at the initial motion phase, even in states like Michigan where there is no anti-SLAPP law.

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Sep 2022

Texas Appeals Court SLAPPs Lawsuit Against Community Newspaper

Samuel Calkins

The term “right wing propaganda” in the context of the article was a constitutionally protected opinion and a statutorily privileged fair comment on a matter of public concern.

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May 2022

On Leakers and Lakers: Reflections on Two Recent MLRC Zoom Sessions

George Freeman

MLRC's executive director reflects on tthe recent SCOTUS leak, and a retraction demand sent by Jerry West to the producers of HBO's "Winning Time."