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Defamation › Twombly/Iqbal Pleading Standard

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 -
Robins Kaplan LLP

The Second Circuit Eliminates Iqbal Hearings

Robins Kaplan LLP on

The Second Circuit has breathed new life into Sarah Palin’s case against the New York Times by rejecting the use of an unusual “Iqbal” hearing to determine the plausibility of her allegations....more

Robins Kaplan LLP

The Second Circuit is Tasked with Reviewing the Plausibility of an Iqbal Hearing

Robins Kaplan LLP on

In what may result in a fundamental transformation of pleadings challenges, the Second Circuit is set to address the propriety of a so-called Iqbal hearing – an apparent first of its kind....more

Kelley Drye & Warren LLP

Second Circuit Tells Public Figures Suing For Defamation: We Need Plausible Factual Allegations Of Actual Malice

Kelley Drye & Warren LLP on

In Biro v. Condé Nast, et al., the Second Circuit recently determined that, in a defamation action, limited-purpose public figures must plead in a “plausible way” that the defendants acted with actual malice, citing Federal...more

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