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Defamation Anti-SLAPP

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 -
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

Kohrman Jackson & Krantz LLP

Ohio Becomes an Anti-SLAPP State

On January 8, 2025, Governor Mike DeWine signed the unanimously passed Senate Bill 237, also known as the Uniform Public Expression Protection Act (UPEPA), into law. UPEPA is designed to protect individuals’ constitutional...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Becomes the 35th State to Enact an Anti-SLAPP Statute

If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...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

Shipman & Goodwin LLP

Appellate Court Rejects Constitutional Challenge to Connecticut’s Anti-SLAPP Statute, Extends Quasi-Judicial Defamation Immunity...

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The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #4

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The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their...more

Ballard Spahr LLP

Pennsylvania Protects Press Freedom, Passes Anti-SLAPP Statute

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Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more

Adams & Reese

New 2024 Florida Legislation Impacting Community Associations

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Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which have either gone into effect or will go into effect beginning July 1, 2024. This...more

Haight Brown & Bonesteel LLP

Double Check Your Work: Online Content Creators Who Use Defamatory Material From a Third Party May Not Be Protected By the...

In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint...more

ArentFox Schiff

Big Lie Continues to Plague Fox Corporation in Smartmatic Defamation Case

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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

Weintraub Tobin

(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Weintraub Tobin

The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Littler

SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

Littler on

On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more

Proskauer - California Employment Law

November 2023 California Employment Law Notes

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

Buckingham, Doolittle & Burroughs, LLC

What is an Anti-SLAPP Statute?

If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more

Davies Ward Phillips & Vineberg LLP

Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.

The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its...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

Blake, Cassels & Graydon LLP

Poursuites-bâillons : la CSC confirme l’intérêt public du contre-discours avançant les droits à l’égalité des jeunes transgenres

Le 19 mai 2023, la Cour suprême du Canada (la « CSC ») a publié sa décision dans l’affaire Hansman c. Neufeld (l’« arrêt Hansman »), soit la plus récente affaire hautement médiatisée portant sur les poursuites « anti-SLAPP »...more

Davies Ward Phillips & Vineberg LLP

Canada’s Top Court Confirms Anti-SLAPP Motions Protect Speakers, Not Plaintiffs

The Supreme Court of Canada, in commenting on anti-SLAPP legislation for the third time in the span of three years, has confirmed that even potentially meritorious claims must be dismissed if the public interest in the...more

Blake, Cassels & Graydon LLP

SCC Affirms the Public Interest in Counter-Speech That Advances the Equality Rights of Transgender Youth in Anti-SLAPP Decision

On May 19, 2023, the Supreme Court of Canada (Court) released its decision in Hansman v. Neufeld (Hansman), the latest high-profile anti-SLAPP case in Canada. Hansman clarifies the circumstances in which courts will dismiss a...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

Littler

Ontario, Canada Appeal Court Decides Findings of Workplace Investigation Were Not Defamatory

Littler on

In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more

Procopio, Cory, Hargreaves & Savitch LLP

Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits

The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

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