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Defamation Actual Malice

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -

You Betcha: “It doesn't make it a gotcha just because it got ya.”

by Sedgwick LLP on

On August 29, 2017, U.S. District Court Judge for the Southern District of New York, Jed S. Rakoff, dismissed Sarah Palin’s defamation lawsuit against The New York Times. The case was filed in June 2017. Judge Rakoff stated...more

Palin v. The New York Times Co.: Newspaper Wins, Palin Loses

by Kelley Drye & Warren LLP on

Bottom line: On August 29, 2017, Southern District of New York Judge Jed S. Rakoff dismissed, with prejudice, Sarah Palin’s defamation complaint against the New York Times Company. The dispute arose from an editorial first...more

Palin v. The New York Times Co.: Newspaper Mounts Robust Defense to Defamation Lawsuit

by Kelley Drye & Warren LLP on

The New York Times is defending itself against a defamation lawsuit brought by former Alaska Governor and Republican vice presidential candidate Sarah Palin, as the newspaper asserted in a recent motion to dismiss that the...more

Sarah Palin’s Suit Against The New York Times Faces Some Key Challenges

by Akin Gump - Excubitor on

On June 27, Sarah Palin, former Alaska governor and vice-presidential candidate, filed a complaint against The New York Times for defamation in the Southern District of New York. Palin alleges a Times editorial defamed her by...more

Massachusetts Supreme Judicial Court Tosses Out Defamation Case Against Deval Patrick Based on Failure to Plead “Actual Malice”

by Akin Gump - Excubitor on

Last week, the Massachusetts Supreme Judicial Court dismissed a defamation case against former Governor Deval Patrick, related to statements Patrick had made about his decision to replace the chair of the State Sex Offender...more

Supreme Judicial Court Punts On Executive Defamation Privilege

Last week, everyone in Washington, D.C. was talking about the invocation of “executive privilege,” the ability of a President to withhold information from, for example, an investigation into Russian influence on the U.S....more

DC Circuit Discusses “Limited Purpose” Public Figures

On May 9, the U.S. Court of Appeals for the District of Columbia issued a significant ruling in Kahl v. Bureau of National Affairs, Inc. The Court of Appeals addresses (i) whether Yorie Von Kahl is a public figure for First...more

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

by LeClairRyan on

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s...more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

by Jackson Walker on

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

Second Circuit Tells Public Figures Suing For Defamation: We Need Plausible Factual Allegations Of Actual Malice

by Kelley Drye & Warren LLP on

In Biro v. Condé Nast, et al., the Second Circuit recently determined that, in a defamation action, limited-purpose public figures must plead in a “plausible way” that the defendants acted with actual malice, citing Federal...more

Defamation and the Common Interest Privilege in the Construction Industry

Construction projects often involve a complex array of contractors, subcontractors, banks, bonding agents, architects, engineers and so on. With that many parties depending on each other to complete a project, negative...more

Paul Watler Speaks: Save the Plane – Or Save Yourself From a Libel Suit?

by Jackson Walker on

Fear of liability may match fear of flying for many Americans. We all know that commercial aviation is one of the safest forms of modern transportation. But it only takes a gut-wrenching drop of an aircraft in the...more

Stacy Allen Speaks: Looking Back 50 Years At 'N.Y. Times v Sullivan' and the Civil Rights Movement

by Jackson Walker on

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

Court Rules Article Reporting About "False Testimony" Not "Actual Malice"

by Holland & Knight LLP on

A Maryland court dismissed a defamation lawsuit against a newspaper, filed by a former chief deputy state's attorney, over articles reporting that he had given "false testimony" about a murder investigation. The articles in...more

The Anatomy Of A Defamation Claim – Scottie Pippen’s Case Is Dismissed

by Gray Reed & McGraw on

I think Scottie Pippen is one of the most overrated players in the history of the NBA. My opinion may be soured because I am a Houston Rockets fan and the experiment with him, Olajuwon and Charles Barkley did not end well....more

Litigation Alert: Seventh Circuit Provides an Assist to Internet Content Providers in Pippen v. NBCUniversal

by Fenwick & West LLP on

On August 21, 2013, the Seventh Circuit in Pippen v. NBCUniversal Media, LLC, et al. (Case No. 12-3294) affirmed the Northern District of Illinois’ dismissal of Scottie Pippen’s defamation lawsuit against a number of media...more

Blogging for Lawyers

by Lawline.com on

Join Josh King, Vice President, Business Development and General Counsel at Avvo, Inc as he discusses legal issues of blogging. Mr. King will provide advice to help lawyers and law firms understand the primary legal issues...more

Miss Universe Pageant Scores Big Against Former Contestant

The Quaker State can be proud of many things. The Liberty Bell. Andy Warhol. Tastykake. Trading Places. The Immaculate Reception. But one part of its history that Pennsylvania may wish to forget (besides dog killer...more

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

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