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Defamation › Appeals

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 -
Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Clark Hill PLC

Court Upholds Almost $2 Million In Jury Award To Male Coach On Defamation Claim Against Student Who Spread False Rumors Of Sexual...

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After a male university student told his mother and girlfriend that a male coach was rumored to be having sex with one of his female players, the mother reported the rumor to the university. The university conducted a Title...more

CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

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Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

Proskauer - California Employment Law

March 2025 California Employment Law Notes

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We invite you to review our newly-posted, March 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....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....

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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

Troutman Pepper Locke

Florida Court of Appeals Holds Personal Claims Under the FCCPA are Not Assignable

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The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah...more

Epstein Becker & Green

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

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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

McDermott Will & Emery

Don’t Tread on Illinois’ Absolute Litigation Privilege

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Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more

Verrill

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

Verrill on

Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student...more

Bradley Arant Boult Cummings LLP

Green Light at the Intersection of First Amendment and Patent-Related Speech

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Patent owners worry about what they can and cannot publicly say about infringement of their patent rights. Accused infringers may believe that certain public statements by patent owners are actionable on the basis that such...more

McDermott Will & Emery

Free Speech Illuminates Right to Allege Infringement

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The US Court of Appeals for the Federal Circuit reversed a district court’s preliminary injunction prohibiting a patent owner from communicating its view that a competitor infringed, finding that the speech restriction was...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

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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

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

ArentFox Schiff

Court of Appeal Publishes Peer Review Decision Expanding Anti-SLAPP Protections for Medical Staffs and Hospitals

ArentFox Schiff on

In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory...more

Venable LLP

Personal Jurisdiction and the Calder Effects Test: Ninth Circuit Sides with Florida Plaintiff in Defamation Suit Against Bishops

Venable LLP on

On June 3, 2022, the Ninth Circuit Court of Appeals held that an Arizona district court erred in dismissing a defamation suit for lack of personal jurisdiction. The suit was brought by an attorney against three Catholic...more

Harris Beach Murtha PLLC

Anti-SLAPP Law Should Give Providers Pause Before Suing Patients for Defamation

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Negative online reviews for medical procedures can sting. But suing a disgruntled patient for defamation can add insult to injury, as a recent appeals court decision makes clear....more

McDermott Will & Emery

Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another

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The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency Act (CDA), 47 USC § 230, and for copyright infringement under the fair use...more

Snell & Wilmer

Anti-SLAPP Happy? Arizona Court of Appeals Extends Anti-SLAPP Statute to Statements Made in Informal Community Meetings

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SLAPP Suits and Anti-SLAPP Statutes - Controversial and heated business dealings with or involving public entities are all too familiar: A developer or other business seeks to pursue a project or to obtain public funding...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Peer Review Immunity is a Bar to Doctor's Allegations of Defamation

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When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require...more

Jackson Lewis P.C.

Virginia Supreme Court Clarifies Defamation Claims In Employment Context Need Defamatory ‘Sting’

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Statements made in a disciplinary action form that did not hold the requisite defamatory “sting” to the reputation of the plaintiff cannot support a defamation claim, and statements made during proceedings before the Virginia...more

Akin Gump Strauss Hauer & Feld LLP

New York Appellate Division Affirms Dismissal of Public Company’s Defamation Lawsuit Against Short Sellers

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Key Points: - On February 9, 2021, the New York Appellate Division, First Department, affirmed the dismissal of a defamation action brought by Eros International plc, an Indian media company, against several short sellers...more

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

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

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Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

Fisher Phillips

Student Protest Activity Leads to Massive Verdict Against University - Schools Face Legal Risks Related to Protest Movement

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It may be common to see protest activity on your campus – but thankfully it is not common to see a massive jury award rendered against an educational institute due to that activity. An ongoing dispute at an Ohio college that...more

Smith Anderson

Fourth Circuit Considers Limits of Federalism

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Federal courts are courts of limited jurisdiction. Marbury v. Madison (circa 1803) is perhaps the most famous example of this principle. But the limits of federal jurisdiction are regularly tested in our courts today. One...more

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