News & Analysis as of

False Statements First Amendment

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

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

Doggone: False Statements and Free Speech in Clemmons v. Guilford Technical Community College

Sometimes, the motivation for chronicling a court decision is not because it is particularly groundbreaking; rather, it can simply be a confluence of peculiar facts and a reiteration of relevant legal principles. That is...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

Palin v. The New York Times Co.: Newspaper Mounts Robust Defense to Defamation Lawsuit

by Kelley Drye & Warren LLP on

The New York Times is defending itself against a defamation lawsuit brought by former Alaska Governor and Republican vice presidential candidate Sarah Palin, as the newspaper asserted in a recent motion to dismiss that the...more

Sarah Palin’s Suit Against The New York Times Faces Some Key Challenges

by Akin Gump - Excubitor on

On June 27, Sarah Palin, former Alaska governor and vice-presidential candidate, filed a complaint against The New York Times for defamation in the Southern District of New York. Palin alleges a Times editorial defamed her by...more

Defamation Series: Texas Supreme Court Explains That Courts Should Not Make Editorial Decisions For The Media Re Information...

by Kelley Drye & Warren LLP on

In Texas, Plaintiff Wade Brady brought claims for libel and libel per se against Carter Publications, Inc., publisher of the newspaper West Fort Bend Star, and one of its writers, LeaAnne Klentzman. Wade alleged that the...more

Defamation Law Series: Trumping Defamation Claims

by Kelley Drye & Warren LLP on

President Donald Trump and First Lady Melania Trump recently have found themselves embroiled in two separate defamation cases in state courts – but while the President defended himself against claims resulting from his...more

Appellate Court Denies Special Effects Provider’s Request for Discovery Regarding Anonymous Speaker’s Identity in Defamation Case

by Kelley Drye & Warren LLP on

Last month the California Court of Appeal addressed whether Avongard Products U.S.A. Ltd., doing business as Hydraulx, a preeminent film industry visual special effects provider, made a prima facie showing that certain...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Sixth Circuit last week concluded that Morrison, which held that Section 10(b) does not have extraterritorial reach, is inapplicable to Advisers Act Section 10(b). The DC Circuit, on rehearing, reaffirmed its prior...more

A Couple of Law Review Articles We Actually Like

by Reed Smith on

The last couple of times we’ve commented on new law review articles, we haven’t liked what we’ve seen very much. We’re gluttons for punishment, however, and this time we were rewarded. We found a couple of recent law review...more

Religious Institutions Update: May 2015

by Holland & Knight LLP on

Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more

When Scientific Research Becomes False Advertising

by Dorsey & Whitney LLP on

Positive results of scientific research on a company’s products can provide a tempting topic for advertising and promotion. If an article published in a well-established, peer-reviewed journal says that your company’s...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Burns & Levinson LLP on

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

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