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Defamation Actual Malice

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

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

Buckingham, Doolittle & Burroughs, LLC

Defamation of a Public Figure vs. Private Figure

Defamation, in general, is designed to provide individuals with a remedy for false statements that harm their reputation. The level of fault you have to prove against the speaker of the defamatory statement varies depending...more

Weintraub Tobin

Podcast: The Briefing - Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

Weintraub Tobin on

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Weintraub Tobin

The Briefing: Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

Weintraub Tobin on

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

WilmerHale on

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

Epstein Becker & Green

Actual Malice in the Age of #fakenews

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Public figures are fighting back against fake news. In the most recent headline from the world of celebrity defamation cases, E. Jean Carroll is suing former President Trump for statements he made after she accused him...more

Weintraub Tobin

Podcast - The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Weintraub Tobin

The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.  The Court holds that charitable organizations...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

Tarter Krinsky & Drogin LLP

Law Brief®: Joel Rosner and Richard Schoenstein Discuss Palin vs. The Times

On the latest Law Brief® episode, Host Rich Schoenstein is joined by litigator Joel Rosner to talk about the trial of Sarah Palin's defamation case against the New York Times, which is scheduled to start this week. Law...more

Weintraub Tobin

Podcast: The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New...

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci....more

Weintraub Tobin

The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci....more

Proskauer Rose LLP

Three Point Shot - Dec 2021

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Freeman Law

Texas Law and Business Disparagement

Freeman Law on

This article discusses Business Disparagement under Texas law. This article does not discuss the tort of defamation or slander of title. Although similar to defamation or slander of title, the false assertion in a business...more

Weintraub Tobin

The Briefing by the IP Law Blog: “Inspired By” Characters – Defamation Lawsuit Part II

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In this two-part episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with "Inspired By" characters. The IP law blog is a publication of...more

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

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

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

Davis Wright Tremaine LLP

Libel-Proof Poster Child: Lenny Dykstra Strikes Out in Suit Against Former Mets Teammate and Book Publishers

The most elusive of legal creatures, a "libel-proof" plaintiff, has been found in New York City. And it's Lenny Dykstra—the bad boy of baseball. Former New York Mets slugger Dykstra—whose misdeeds on and off the field are...more

Troutman Pepper Locke

Third Circuit Affirms Protection for 'Pure Opinions'

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In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor...more

Robins Kaplan LLP

The Second Circuit Eliminates Iqbal Hearings

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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

Ballard Spahr LLP

Minnesota Supreme Court Extends Actual Malice Standard for Presumed Damages to Nonmedia Defendants

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On June 26, 2019, the Minnesota Supreme Court held that a private plaintiff may not recover presumed damages for defamatory statements involving a matter of public concern unless the plaintiff can establish actual malice....more

Kelley Drye & Warren LLP

No Actual Malice In The Wolf Of Wall Street Lawsuit: Judge Tosses Defamation Claim Brought By Former Stratton Oakmont Executive

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Less than three months after Paramount Pictures released the hit movie The Wolf of Wall Street in December 2013, former Stratton Oakmont attorney and executive Andrew Greene sued the studio and the movie’s production...more

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