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Actual Malice

ArentFox Schiff

DC Court of Appeals Provides Key Guidance on Anti-SLAPP Dismissals, Public Figure Doctrine, and Actual Malice in Defamation Cases

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On March 12, the District of Columbia Court of Appeals issued a landmark decision interpreting the District’s Anti-SLAPP Act, the statutory scheme directed at deterring Strategic Lawsuits Against Public Participation...more

JUSTICENTER

What Is Defamation?

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Defamation refers to a false statement made about someone that injures their reputation. It is a type of tort that allows the injured party to seek compensation for damage caused to their reputation, emotional well-being, or...more

Loeb & Loeb LLP

OneTaste Incorporated v. Netflix, Inc.

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In defamation action brought against Netflix based on documentary stating that plaintiff was involved in the sexual assault and abuse of a former employee, California appeals court affirms striking of complaint because...more

Holtzman Vogel Baran Torchinsky & Josefiak

Sullivan's Reckoning: Why It's Time to Overturn America's Defamation Shield

Civil discourse is rapidly declining. The U.S. is mired in escalating, violent political rhetoric, acts of political violence, and dismal polls showing that twenty percent of young adults think violence is justified to...more

Tyson & Mendes LLP

Flaming Hot Mess or Temporary Indigestion? Montañez v. PepsiCo and the Legal Fight for Credit for the Creation of Flamin’ Hot...

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On May 29, 2025, PepsiCo won at least a reprieve, obtaining an order of dismissal of a former executive’s lawsuit. The former executive claimed the snack food and beverage giant defrauded and defamed him by denying he created...more

Axinn, Veltrop & Harkrider LLP

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more

Axinn, Veltrop & Harkrider LLP

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

Epstein Becker & Green

The Second Circuit Revives Sarah Palin’s Defamation Suit Against The New York Times

The Second Circuit Court of Appeals has once again revived Sarah Palin’s longstanding defamation suit against The New York Times. The Second Circuit’s opinion highlights important procedural and substantive issues in...more

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?

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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?

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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

Goldberg Segalla

Supplier Defendant Succeeds in Opposing Punitive Damages

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Superior Court of California, County of Los Angeles - In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing...more

Davis Wright Tremaine LLP

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...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

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

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In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Epstein Becker & Green

Actual Malice in the Age of #fakenews

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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

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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

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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

Cranfill Sumner LLP

The Mortality of Immunity

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Are North Carolina Courts Chipping Away at Public Official Immunity? For years, police officers and other public officials in North Carolina have enjoyed the protections of public official immunity when charged or sued...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

Epstein Becker & Green

The Sarah Palin v. New York Times Appeal Will Be a Hot Mess

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Former Alaska Governor and Vice Presidential candidate Sarah Palin recently lost the trial of her defamation case against The New York Times. Given the complexity of the legal issues and the unusual events at trial, a messy...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

Podcast: The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New...

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In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci....more

Weintraub Tobin

The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

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In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci....more

Proskauer Rose LLP

Three Point Shot - Dec 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

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