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Oct 2023

NBCUniversal Wins Dismissal of January 6 Activist’s Defamation Complaint

Natalie J. Spears, Samuel Fifer, Gregory R. Naron and Jessica Laurin Meek

In a strongly worded opinion, Judge Bataillon of the District of Nebraska granted NBCU’s motion to dismiss with prejudice on substantial truth grounds.

Aug 2023

Colorado Court Grants Anti-SLAPP Motions of Media Defendants Sued for Reporting on Health Company Fallout With State

Steve Zansberg and Lauren Russell

On 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.

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.

Apr 2023

Summary Judgment Awarded to Obstacle Course Racing Blogger

Madeleine Blair, Isabel White and Lindsey Floyd

In a 74-page decision, the court dismissed all defamation and defamation per se claims against Davis for insufficient evidence of actual malice.

Apr 2023

Stop the Steal Organizer’s Narrowed Defamation Claim Proceeds to Discovery

Matthew Cate

Ruling 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…

Mar 2023

Filmmakers & Netflix Win Summary Judgment in “Making a Murderer” Defamation Lawsuit

Kevin Vick

The Court’s summary judgment ruling was a ringing affirmation of Sullivan and the importance of legal protections for free speech.

Feb 2023

Colorado Court Affirms Dismissal of Anti-Abortion Activist’s Libel Suit

Steve Zansberg

The 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.

Nov 2022

Fourth Circuit Hears First Amendment Challenge to North Carolina Election Libel Law

Benjamin Rossi

Appellants argue that the North Carolina statute violates the First Amendment because it is a content-based restriction that criminalizes core political speech.

Sep 2022

Seventh Circuit Affirms Summary Judgment for Gannett

Brian Spahn

The 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. 

Apr 2022

Colorado Court Grants News Anchor’s Anti-SLAPP Motion

Steven D. Zansberg

In 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.