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Defamation › Federal Rules of Civil Procedure

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 -
Dorsey & Whitney LLP

Russia, Neighbors, and a Copyright-protected Social Media Post = Fair Use?

Dorsey & Whitney LLP on

​​​​​​​What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit...more

Melito & Adolfsen

The Johnny Depp and Amber Heard Case Show the Importance of Special Verdicts or Answers to Written Questions in Jury Verdicts

Melito & Adolfsen on

The defamation cases brought by Johnny Depp and Amber Heard against each other, entertaining as they were to many Americans, involved complex issues of law as applied to the facts alleged by the parties. For the jury to reach...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas’ Anti-SLAPP Regime Does Not Apply in Federal Diversity Cases, Says the Fifth Circuit

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A recent decision from the Fifth Circuit Court of Appeals in Klocke v. Watson, No. 17-11320 (August 23, 2019), appears to have answered a perennial jurisdictional question that had split federal district courts in Texas for...more

Clark Hill PLC

OPEN QUESTION: Applicability of Anti-SLAPP Act in Federal Court

Clark Hill PLC on

A recent Fifth Circuit opinion in a defamation action is raising concerns among media lawyers. The Fifth Circuit Decision - In Block v. Tanenhaus,[1] Walter Block appealed the dismissal under Louisiana’s anti-SLAPP...more

Kelley Drye & Warren LLP

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

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

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