News & Analysis as of

Defamation

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 -

Climate Scientist Sues Critic

by Akin Gump - Excubitor on

In what appears to be a novel application of defamation law to disputes within the academic community, one researcher has filed suit against a peer reviewer and an academic journal for criticism made in a peer review article...more

“Pink Slime” Lawsuit Spins Off into Insurance Dispute

by Akin Gump - Excubitor on

Earlier this year, ABC News, through its parent company, reached a midtrial settlement with Beef Products Inc. in the now infamous “pink slime” lawsuit. Under South Dakota food libel statutes, damages in the case could have...more

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

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

by Fisher Phillips on

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

Record Jury Verdict for New Hampshire Defamation Plaintiffs

by Akin Gump - Excubitor on

A New Hampshire jury has awarded nearly $275 million to three men publicly alleged to be drug dealers, money launderers and extortionists by local businessman and radio host Michael Gill. The verdict—thought to be the largest...more

Motion for Reconsideration Filed in Sarah Palin’s Defamation Case Against the New York Times

by Kelley Drye & Warren LLP on

Sarah Palin’s attorneys are trying to salvage her defamation claim against the New York Times – which was dismissed with prejudice by U.S. District Judge Jed Rakoff of the Southern District of New York only one month ago – by...more

Compliance Lessons From Burner Phones

by Thomas Fox on

Hunter S. Thompson once said that when the going gets weird, the weird turn pro. It turns out that amateurs can get weird too. The University of Mississippi football program, which is under a self-imposed postseason ban and...more

UK Defamation: when words seriously harm

by Hogan Lovells on

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be...more

Unpaid Volunteers Are Not Covered By New Jersey’s Whistleblower Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New Jersey’s Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act (“CEPA”), finding that plaintiff, an unpaid volunteer...more

You Betcha: “It doesn't make it a gotcha just because it got ya.”

by Sedgwick LLP on

On August 29, 2017, U.S. District Court Judge for the Southern District of New York, Jed S. Rakoff, dismissed Sarah Palin’s defamation lawsuit against The New York Times. The case was filed in June 2017. Judge Rakoff stated...more

Sarah Palin v. The New York Times - Six Lessons for Public Figures in Defamation Cases | Sands Anderson

by Sands Anderson PC on

Former Alaska Governor Sarah Palin and the New York Times don’t much like each other. So much so that Palin sued the Times for defamation. Her claim stemmed from a Times editorial that wrongly linked her political action...more

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

by Strasburger & Price, LLP 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

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Prosecuting Online Trolls Part 1: What To Do When Faced With Anonymous Online Postings

by Weintraub Tobin on

It happens all too often. You work tirelessly to promote your business by doing good work, delivering good products and services. Then you find an online posting with demonstrably false information about your business....more

Palin v. The New York Times Co.: Newspaper Wins, Palin Loses

by Kelley Drye & Warren LLP on

Bottom line: On August 29, 2017, Southern District of New York Judge Jed S. Rakoff dismissed, with prejudice, Sarah Palin’s defamation complaint against the New York Times Company. The dispute arose from an editorial first...more

A Bold Victory for Copyright Fair Use

Get your webcams ready: the reaction video genre got a huge shot in the arm from the Southern District of New York this week. h3h3 Productions, a popular YouTube channel with well over four million subscribers, has been...more

Tips for Avoiding Disparagement of a Competitor

by Revision Legal on

In the broadest sense, commercial disparagement involves advertising or other public statement including false or misleading information about a business that discourages consumers from buying from or dealing with that...more

Charges of "Fake News" May Bring New Threats from Jury Verdicts

by Ballard Spahr LLP on

Alarmingly high defamation damages—such as Hulk Hogan's $140 million Florida verdict against Gawker and a broadcast network's reported $177 million settlement with a South Dakota beef producer—are disturbing recent...more

Defamation Claim Over “Slavery Wasn’t So Bad” Comment Revived by Fifth Circuit

What if people thought you said that “slavery wasn’t so bad?” Would it harm your reputation? Would it matter if the statement was contextualized with various caveats? According to the Fifth Circuit’s August 15, 2017 opinion...more

Troll Hunting: Practical Strategies for Businesses to Combat Anonymous Online Trolls

No matter the business you operate, modern commerce increasingly takes place online, rarely putting the consumer and your business face-to-face. A recent study revealed that approximately 80% of American consumers buy...more

California Employers May Sue For Online Defamation

by Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a...

A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if any) media companies may be held responsible for what their talent...more

Appeal Held Moot and Dismissed By Court of Appeals

by LeClairRyan on

Last June, I wrote about the non-party subpoena served on the Competitive Enterprise Institute, and the anti-SLAPP motion to dismiss the CEI filed in response. In that post, I mentioned an earlier case where subpoenas were...more

Open Questions on Media Company Liability for Statements Made by Talent

by Akin Gump - Excubitor on

A recent case has raised questions about whether or not a media company can be held liable for defamatory statements made by its talent on social media. The case arose after a falling out between two television stars, Mykel...more

“My Employer Made Me Do It” — Texas Supreme Court Rejects a Claim for Compelled Self-Defamation

by Bryan Cave on

On May 26, 2017, the Texas Supreme Court addressed whether Texas recognizes a defamation claim for compelled self-publication. The Texas Supreme Court, joining a number of other states, including Connecticut, Massachusetts,...more

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