Truth
Second Circuit Affirms Dismissal of Defamation Case Against Newsweek
Cameron Stracher and Sara TesorieroThe Second Circuit has affirmed the dismissal of a defamation claim against Newsweek on substantial truth and fair report grounds.
Defamation Suit Over Nancy Grace True Crime Show and Podcast Dismissed
Mary Ellen Roy and Elana BeiserConsidering the allegedly defamatory statements as a whole in the context in which they were made, the Court held that they are not defamatory because they are not “of and concerning” the Plaintiffs, are substantially true, and/or are opinion on disclosed facts.
Court Dismisses Libel Claim by Former Nonprofit Leader Accused of Bad-Boss Behavior
Matthew S.L. Cate and Alia L. SmithA former executive director of a non-profit research group focused on gender equality failed to state a libel claim arising from an article about her embattled leadership and working conditions during her tenure, a district court judge ruled in September.
Court Dismisses Defamation Claims Brought By Buffalo Strip Club Owner
Daniela Abratt-CohenA Buffalo strip club owner who alleged he had been defamed by news articles about his arrest cannot proceed with his claims after a Miami judge ruled that the reporting at issue was substantially true, privileged as an official report, and protected by the wire service defense.
Newsweek Wins Dismissal on Substantial Truth
Cameron Stracher and Sara TesorieroJudge Buchwald held that technical inaccuracies in Newsweek’s reporting about a guilty plea entered by Plaintiff Olivet University did not give rise to a defamation claim where the gist of the allegedly defamatory statement was substantially true.
Houston Appeals Court (Finally) Dismisses Defamation Claims Against ProPublica and Houston Chronicle
Reid PillifantIn its decision, the First District Court of Appeals in Houston found that Defendants’ reporting on the plaintiff’s career as a heart surgeon and the concerns that had been raised about some of his practices and procedures, as well as his failure to follow protocols in clinical trials, was substantially true.
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.