Truth
NBCUniversal Wins Dismissal of January 6 Activist’s Defamation Complaint
Natalie J. Spears, Samuel Fifer, Gregory R. Naron and Jessica Laurin MeekIn a strongly worded opinion, Judge Bataillon of the District of Nebraska granted NBCU’s motion to dismiss with prejudice on substantial truth grounds.
Colorado Court Grants Anti-SLAPP Motions of Media Defendants Sued for Reporting on Health Company Fallout With State
Steve Zansberg and Lauren RussellOn August 15, a trial judge in Arapahoe County, Colorado became the fourth state jurist to dismiss libel claims against media companies applying Colorado’s anti-SLAPP Act, passed into law in 2019.
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.
Summary Judgment Awarded to Obstacle Course Racing Blogger
Madeleine Blair, Isabel White and Lindsey FloydIn a 74-page decision, the court dismissed all defamation and defamation per se claims against Davis for insufficient evidence of actual malice.
Stop the Steal Organizer’s Narrowed Defamation Claim Proceeds to Discovery
Matthew CateRuling on a motion to dismiss, Judge Pitman held that an article’s characterizations of plaintiff as a “Jan. 6 Capitol riot organizer” and a person who “helped coordinate the Jan. 6 Capitol insurrection” were capable of being proven true or false, and therefore actionable in defamation, and that Bostic adequately pleaded the defendants published them…
Filmmakers & Netflix Win Summary Judgment in “Making a Murderer” Defamation Lawsuit
Kevin VickThe Court’s summary judgment ruling was a ringing affirmation of Sullivan and the importance of legal protections for free speech.
Colorado Court Affirms Dismissal of Anti-Abortion Activist’s Libel Suit
Steve ZansbergThe Court of Appeals affirmed the trial court’s granting of defendant’s anti-SLAPP motion terminating the libel case brought by anti-abortion activist David Daleiden and the Center for Medical Progress against Dr. Savita Ginde, the former medical director of Planned Parenthood of the Rocky Mountain Region.
Fourth Circuit Hears First Amendment Challenge to North Carolina Election Libel Law
Benjamin RossiAppellants argue that the North Carolina statute violates the First Amendment because it is a content-based restriction that criminalizes core political speech.
Seventh Circuit Affirms Summary Judgment for Gannett
Brian SpahnThe court held that the allegedly defamatory statements at issue failed to state a defamation claim as the statements were both substantially true and protected under Wisconsin’s true and fair reporting of a judicial proceeding privilege.
Colorado Court Grants News Anchor’s Anti-SLAPP Motion
Steven D. ZansbergIn only the second case to date to apply Colorado’s anti-SLAPP Act (passed into law in 2019) to a news outlet, a trial court judge tossed a defamation case against Kyle Clark, the nightly news anchor at KUSA-TV/9News, the TEGNA-owned NBC affiliate in Denver.