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Defamation Supreme Court of the United States

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

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

Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

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With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more

Proskauer - Minding Your Business

Montana Supreme Court Finds Minimum Contacts in Social Media Posts Targeting State Residents

Posting on social media about businesses located in another state could give rise to personal jurisdiction in that state, according to a recent landmark opinion by a sharply divided Montana Supreme Court. In Groo v. Montana...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

Proskauer Rose LLP

Three Point Shot - November 2022

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NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

King & Spalding

Supreme Court Shakes Up Law Of Article III Standing In Transunion Llc V. Ramirez; Eleventh Circuit To Grapple With Decision In...

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It is no overstatement to say the class-action bar awaited the Supreme Court’s decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), with bated breath. When the 5–4 decision came down in June, it clarified the law...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

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By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Proskauer - California Employment Law

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Ballard Spahr LLP

CFPB files amicus brief in U.S. Supreme Court Article III standing case

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The CFPB, together with the DOJ, has filed a second amicus brief in Spokeo, Inc. v. Robins, the case pending before the U.S. Supreme Court in which the issue is whether a plaintiff who cannot show any actual harm from a...more

Gray Reed

How Are the Texas Anti-SLAPP Statute and Jade Helm 15 Alike?

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May a court “draw rational inferences from circumstantial evidence” when determining if a plaintiff has met its burden in a suit in which the defendant has invoked the Texas Citizens Participation Act . That was the question...more

Jackson Walker

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

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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

Jackson Walker

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

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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

Davis Wright Tremaine LLP

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

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

Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a...more

Morrison & Foerster LLP

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

Holland & Knight LLP

U.S. Supreme Court Adds "Relevant Reader or Listener" to "Material Falsity" Defamation Analysis

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In its decision in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that "the relevant reader or listener" must be considered in assessing the falsity element in defamation lawsuits. The Air Wisconsin...more

Goodwin

Supreme Court Declines to Review Fair Credit Reporting Act

Goodwin on

The United States Supreme Court declined to grant certiorari to decide whether the Fair Credit Reporting Act preempts private rights of action under New Jersey state law for defamation. FCRA’s furnisher rule imposes special...more

Morrison & Foerster LLP

ATSA Immunity: Supreme Court Grants Cert to Decide Bounds for Applying Immunity Under the Aviation Transportation Security Act

The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more

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