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Defamation › Motion to Dismiss

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 -
Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

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The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

ArentFox Schiff

Big Lie Continues to Plague Fox Corporation in Smartmatic Defamation Case

ArentFox Schiff on

A New York court once again declined to dismiss Smartmatic’s defamation lawsuit against Fox Corporation over Fox News’s coverage of Donald Trump’s “Big Lie.” The court found that the parent company, Fox Corporation, could...more

Ballard Spahr LLP

Judge Denies Motion to Dismiss AI Defamation Suit

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Gwinnett County, Georgia, Superior Court Judge Tracie Cason denied OpenAI’s motion to dismiss a defamation lawsuit. Companies should keep in mind that AI “hallucinations” may present liability for generative AI....more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

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In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Jackson Walker

Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

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Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more

Bradley Arant Boult Cummings LLP

Green Light at the Intersection of First Amendment and Patent-Related Speech

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Patent owners worry about what they can and cannot publicly say about infringement of their patent rights. Accused infringers may believe that certain public statements by patent owners are actionable on the basis that such...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: PJ

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This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants. BURRI LAW PA v. SKURLA - The Court vacates the...more

Akin Gump Strauss Hauer & Feld LLP

New York Appellate Division Affirms Dismissal of Public Company’s Defamation Lawsuit Against Short Sellers

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Key Points: - On February 9, 2021, the New York Appellate Division, First Department, affirmed the dismissal of a defamation action brought by Eros International plc, an Indian media company, against several short sellers...more

Freeman Law

Texas Defenses to Defamation, Business Disparagement, and Malicious Criminal Prosecution Claims

Freeman Law on

This day in time, you have to be careful what you say or write.  Indeed, the utterance of only a few words can lead to an expensive lawsuit and the potential award of damages for causes of action such as defamation, business...more

Weintraub Tobin

“Inspired By” Characters In Movies And TV – Defamation Lawsuit As A Spinoff

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In the past few years there has been a number of libel claims based on an unfavorable portrayal of a real person in either a television program or motion picture that is based on real life events. To name a few, there is the...more

Tarter Krinsky & Drogin LLP

Second Circuit Slaps Down Anti-SLAPP Motions As Barred In Federal Court

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In a striking decision issued on July 15, 2020, the U.S. Court of Appeals for the Second Circuit held that motions to dismiss based on state Anti-SLAPP statutes, which require that plaintiffs satisfy a high standard of proof...more

Davis Wright Tremaine LLP

On Eve of Trial, Gizmodo Wins Dismissal of Ex-Trump Staffer’s Libel Suit – Fair-Report Privilege Bars Claims

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In the fall of 2018, former communications head for President Donald Trump’s campaign, Jason Miller, filed a defamation claim in the U.S. District Court for the Southern District of Florida against Gizmodo Media Group LLC,...more

Proskauer - California Employment Law

Defamation and Wrongful Termination Claims Against the Los Angeles Times Were Properly Dismissed

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Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019) - Frederick Theodore Rall III, a political cartoonist and blogger, sued the Los Angeles Times after it published a “note to readers” and (later) a more...more

Farrell Fritz, P.C.

Allegedly “(Leon) Black”-listed Former Apollo Employee Fails to State A Business Tort Claim

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The line between aggressive business competition and unlawful conduct can sometimes be difficult to determine. Many different theories of tort liability have developed over the years to address the variations of unlawful...more

Bradley Arant Boult Cummings LLP

A Quick Study in Doxing and Personal Jurisdiction: Vangheluwe v. GotNews

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In the digital age, the internet not infrequently stretches the bounds of traditional jurisprudence and raises tricky new questions. An example from earlier this year is Vangheluwe v. GotNews, LLC, where a federal court in...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

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On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

Kilpatrick

Fifth Circuit Rules Texas Anti-SLAPP Laws Do Not Apply In Federal Court

Kilpatrick on

On August 23, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion resolving “an issue that has brewed for several years in this circuit” regarding the intersection of Texas free speech protections and...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

Genova Burns LLC

“High” Court Time: N.J. Supreme Court Agrees to Review Ruling on Off-Duty Medical Marijuana Use as Reasonable Accommodation

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On July 9, 2019, the New Jersey Supreme Court agreed to hear a case involving whether an employee can state claim against an employer under the New Jersey Law Against Discrimination (NJLAD) for failing to accommodate...more

Ballard Spahr LLP

Sixth Circuit Sides with The New York Times in Defamation Suit

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An article in The New York Times about controversy surrounding an Ohio State University cancer researcher was not defamatory because reasonable readers would understand it was “a standard piece of investigative journalism”...more

Nutter McClennen & Fish LLP

Defamation Claim Against America’s Test Kitchen Survives Summary Judgment

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Judge Sanders refused to grant summary judgment for America’s Test Kitchen (ATK) on Christopher Kimball’s defamation claim. According to Kimball, ATK defamed him when it posted information on its website after the litigation...more

Proskauer - Whistleblower Defense

First Cir. Sets Pleading Standard For FCA Whistleblower Retaliation Claims

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On January 15, 2019, the First Circuit ruled that a plaintiff adequately alleges protected activity under the FCA whistleblower protection provision where he asserts that he reported concerns about his employer’s conduct that...more

Proskauer - California Employment Law

LA Times Wins Lawsuit Against Former Freelancer

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The California Court of Appeal affirmed dismissal of a former freelancer’s defamation and employment-related claims against the Times. Frederick Theodore Rall III, a political cartoonist and blogger for the paper, brought...more

Bass, Berry & Sims PLC

Chris Lazarini Examines “Fair and True” Reporting of Judicial Proceedings

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Bass, Berry & Sims attorney Chris Lazarini examined a case in which a SEC registered investment advisor sued for defamation and intentional interference with contractual relations after The Wall Street Journal published an...more

Ballard Spahr LLP

Nevada Court Rejects Defamation Claim Brought Against Associated Press by Casino Mogul

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In an opinion and order issued recently, a Nevada state court dismissed with prejudice a defamation claim brought by businessman Steve Wynn against the Associated Press (AP) and one of its reporters. ...more

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