Jake Wunsch
In a strongly worded opinion, Judge Bataillon of the District of Nebraska granted NBCU’s motion to dismiss with prejudice on substantial truth grounds.
NBCUniversal Wins Dismissal of January 6 Activist’s Defamation Complaint
In a strongly worded opinion, Judge Bataillon of the District of Nebraska granted NBCU’s motion to dismiss with prejudice on substantial truth grounds.
“This Stuff Is Incomprehensible”: Will Mass. High Court Reconsider its Anti-SLAPP Jurisprudence?
The Massachusetts Supreme Judicial Court may soon simplify its Byzantine interpretation of the Commonwealth’s Anti-SLAPP Law, if the justices’ questions at a recent oral argument are anything to go by.
Kenneth P. Norwick: 1941-2023
Widely admired New York media lawyer, and passionate champion of artistic expression, Ken Norwick, died October 30th at the age of 82.
The Critical Importance of Televising the Trump Trials
It’s hard to believe that one-quarter of the way through the 21st century, with Americans spending more time looking at screens than ever before, the criminal trials of a former President and a leading candidate to be our next President will not be televised.
Anti-SLAPP and Neuwirth = A Tough Challenge for Plaintiffs in New Jersey
New Jersey’s long-awaited version of the UPEPA Anti-SLAPP law becomes effective with filings as of October 9, 2023, but now it has added teeth, not from the Legislature, but because of the Appellate Division’s sweeping published decision in Neuwirth, requiring all “public” defamation cases to plead specific facts supporting an allegation of actual malice.
Louisiana Man’s COVID-19 Joke Protected by First Amendment, Fifth Circuit Decides
“His post did not advocate ‘lawless’ and ‘imminent’ action, nor was it ‘likely’ to produce such action," wrote the court.
“The Happiest Courtroom on Earth”: Disney & Friends Take on DeSantis
It is rare to see three powerful amicus briefs filed at the motion to dismiss stage. But the unusual context only underscores the fundamental arguments made in the briefs: that DeSantis’s actions, as alleged in the complaint, are inimical to and corrosive of three fundamental pillars of American society – law, politics, and business.
North Carolina Court Holds Records in Possession of Third-Party Contractor Subject to Public Records Disclosure Requirements
The court also held that even though requestor, Charlotte television station WBTV, received the records before a final ruling on the merits, it was entitled to recover its attorneys’ fees under North Carolina’s public records law mandating fee awards to claimants who substantially prevail in compelling disclosure of public records.
Washington Post Wins Suit Seeking Disciplinary Records of Former LGBTQ and Community Policing Liaison with History of Excessive Force
In an important victory for police transparency, DC Superior Court Judge Maurice A. Ross granted the Post’s motion for summary judgment, rejected the District’s arguments for withholding the records under FOIA’s privacy exemption, and ruled that the Post should be awarded its attorney’s fees.
Connecticut Supreme Court Clarifies the Scope of Connecticut’s Absolute Immunity Doctrine
In a decision clarifying the limits of absolute immunity in defamation claims, the Connecticut Supreme Court held that a former Yale student accused of sexually assaulting a classmate can bring a civil defamation suit against his accuser arising out of a campus disciplinary proceeding.