Moving for summary judgment, ATK argued that Kimball would have to prove by clear and convincing evidence that ATK acted with malice because Kimball is a "public figure." ATK, Judge Sanders stated, based its public-figure argument on the following facts:
Kimball hosted ATK’s two television programs, America’s Test Kitchen and Cook’s Country, from their inception through the 2016 season, both shows averaging a combined four million viewers per week. Kimball has personally appeared on the Today Show, Rachel Ray, Fresh Air, and Morning Edition; he has also received coverage in the New York Times, the Wall Street Journal, USA Today, and other media outlets.
Judge Sanders rejected ATK’s argument, ruling that Kimball is not a public figure. More specifically, Judge Sanders ruled that Kimball is not a public figure in the sense that he acquired such fame or notoriety as to be, in the language of Bowman v. Heller, 420 Mass. 517, 522-523 (1995), "a household name on a national scale." She also ruled that Kimball had not become a public figure through his role in a public controversy or matter of public concern that is the subject of the plaintiff’s claim. "[T]he defamation counterclaim," Judge Sanders wrote, "concerns statements that ATK posted on its website about this litigation, which arises from a dispute between a private company and its former employee—hardly a matter of public concern or the subject of public controversy."
Ultimately, because ATK’s motion for summary judgment on the defamation claim hinged on a finding that Kimball is a public figure, Judge Sanders denied the motion.
America’s Test Kitchen Inc. v. Kimball, et al., March 19, 2019
