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Defamation Actual Malice Public Figures

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 -
Buckingham, Doolittle & Burroughs, LLC

Defamation of a Public Figure vs. Private Figure

Defamation, in general, is designed to provide individuals with a remedy for false statements that harm their reputation. The level of fault you have to prove against the speaker of the defamatory statement varies depending...more

Weintraub Tobin

Podcast: The Briefing - Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

Weintraub Tobin on

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Weintraub Tobin

The Briefing: Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

Weintraub Tobin on

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Epstein Becker & Green

Actual Malice in the Age of #fakenews

Epstein Becker & Green on

Public figures are fighting back against fake news. In the most recent headline from the world of celebrity defamation cases, E. Jean Carroll is suing former President Trump for statements he made after she accused him...more

Weintraub Tobin

Podcast - The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Weintraub Tobin

The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.  The Court holds that charitable organizations...more

Tarter Krinsky & Drogin LLP

Law Brief®: Joel Rosner and Richard Schoenstein Discuss Palin vs. The Times

On the latest Law Brief® episode, Host Rich Schoenstein is joined by litigator Joel Rosner to talk about the trial of Sarah Palin's defamation case against the New York Times, which is scheduled to start this week. Law...more

Weintraub Tobin

The Briefing by the IP Law Blog: “Inspired By” Characters – Defamation Lawsuit Part II

Weintraub Tobin on

In this two-part episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with "Inspired By" characters. The IP law blog is a publication of...more

Robins Kaplan LLP

The Second Circuit Eliminates Iqbal Hearings

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The Second Circuit has breathed new life into Sarah Palin’s case against the New York Times by rejecting the use of an unusual “Iqbal” hearing to determine the plausibility of her allegations....more

Troutman Pepper

#MeToo and the Media

Troutman Pepper on

In the past year, allegations of sexual misconduct have regularly made headlines in top news outlets across the United States. The #MeToo movement has encouraged many individuals to make public the details of sometimes...more

Kelley Drye & Warren LLP

Without Doubt, Anonymous Sources Do Not Equate to Actual Malice

On April 25, 2018, the Second Circuit affirmed the district court’s dismissal of Venezuela’s “Number Two” politician’s, Diosdado Cabello-Rondon (“Cabello”), libel suit against Dow Jones & Company, Inc. (“Dow Jones”). The...more

Ballard Spahr LLP

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

Robins Kaplan LLP

The Second Circuit is Tasked with Reviewing the Plausibility of an Iqbal Hearing

Robins Kaplan LLP on

In what may result in a fundamental transformation of pleadings challenges, the Second Circuit is set to address the propriety of a so-called Iqbal hearing – an apparent first of its kind....more

Kelley Drye & Warren LLP

Motion for Reconsideration Filed in Sarah Palin’s Defamation Case Against the New York Times

Sarah Palin’s attorneys are trying to salvage her defamation claim against the New York Times – which was dismissed with prejudice by U.S. District Judge Jed Rakoff of the Southern District of New York only one month ago – by...more

Kelley Drye & Warren LLP

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

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

Kelley Drye & Warren LLP

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

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

Kelley Drye & Warren LLP

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

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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

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