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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 -
Verrill

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

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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 PLLC

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

Harris Beach PLLC on

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

Snell & Wilmer on

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

Smith Gambrell Russell

Rescission of Agreement Defeats Arbitration Clause

Smith Gambrell Russell on

The Eleventh Circuit Court of Appeals recently affirmed the district court’s denial of a defendant’s motion to compel arbitration because the parties had mutually rescinded the settlement agreement containing the arbitration...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

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

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

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

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’

Jackson Lewis P.C. on

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

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

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

Fisher Phillips on

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

Proskauer - California Employment Law

Defamation and Wrongful Termination Claims Against the Los Angeles Times Were Properly Dismissed

Proskauer - California Employment Law on

Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019) - Frederick Theodore Rall III, a political cartoonist and blogger, sued the Los Angeles Times after it published a “note to readers” and (later) a more...more

Winstead PC

Texas Court Compels A Limited Partner’s Employment And Defamation Claims To Arbitration Due To The Partnership Agreement’s...

Winstead PC on

In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner. No. 05-18-00266-CV, 2019 Tex. App. LEXIS 6992 (Tex....more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

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

Texas’ Anti-SLAPP Regime Does Not Apply in Federal Diversity Cases, Says the Fifth Circuit

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

A recent decision from the Fifth Circuit Court of Appeals in Klocke v. Watson, No. 17-11320 (August 23, 2019), appears to have answered a perennial jurisdictional question that had split federal district courts in Texas for...more

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Genova Burns LLC

“High” Court Time: N.J. Supreme Court Agrees to Review Ruling on Off-Duty Medical Marijuana Use as Reasonable Accommodation

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On July 9, 2019, the New Jersey Supreme Court agreed to hear a case involving whether an employee can state claim against an employer under the New Jersey Law Against Discrimination (NJLAD) for failing to accommodate...more

White & Case LLP

The meaning of "serious harm": the Supreme Court in Lachaux v Independent Print

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The increasing accessibility of digital media has enabled businesses to become not only readers, but also publishers of their own information and opinions. This in turn requires due consideration of the limits of what can,...more

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