News & Analysis as of

Defamation › Motion to Dismiss

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 -
Venable LLP

When Do Opinions Become Defamation?

Venable LLP on

Statements of pure opinion are not actionable as defamation, as they do not imply facts capable of being proven true or false. Qureshi v. St. Barnabas Hosp. Ctr., 430 F. Supp. 2d 279, 288 (S.D.N.Y. 2006); Cochran v. NYP...more

Loeb & Loeb LLP

Lively v. Wayfarer Studios LLC

Loeb & Loeb LLP on

In case arising from ongoing dispute between movie stars Justin Baldoni and Blake Lively, district court dismisses all of Baldoni’s claims for failure to state claim, but grants Baldoni leave to amend as to his implied...more

Buckingham, Doolittle & Burroughs, LLC

Understanding Anti-SLAPP Statutes: Do They Apply in Federal Court?

Buckingham, Doolittle & Burroughs, LLC on

“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more

Lathrop GPM

Arizona Federal Court Dismisses Franchisee’s Defamation Counterclaims Against Franchisor

Lathrop GPM on

A federal court in Arizona recently dismissed a franchisee’s counterclaims for breach of contract, defamation, and injunctive relief against its former franchisor. LeTip World Franchise LLC v. Long Island Soc. Media Grp. LLC,...more

Venable LLP

The Libel-Proof Plaintiff

Venable LLP on

The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation for bad or dishonest behavior may not recover....more

Weintraub Tobin

The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

Weintraub Tobin on

In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual...more

Weintraub Tobin

(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

Weintraub Tobin on

In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual...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....

Axinn, Veltrop & Harkrider LLP on

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

Kohrman Jackson & Krantz LLP

Legal Actions for Businesses Targeted by Fake Reviews

Kohrman Jackson & Krantz LLP on

Online reviews have a profound effect on businesses. For many locally owned businesses, they can make or break their future. Reviews can affect consumer trust, reputations, and purchasing decisions. In this day and age,...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

Pillsbury Winthrop Shaw Pittman LLP on

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

ArentFox Schiff

Big Lie Continues to Plague Fox Corporation in Smartmatic Defamation Case

ArentFox Schiff on

A New York court once again declined to dismiss Smartmatic’s defamation lawsuit against Fox Corporation over Fox News’s coverage of Donald Trump’s “Big Lie.” The court found that the parent company, Fox Corporation, could...more

Ballard Spahr LLP

Judge Denies Motion to Dismiss AI Defamation Suit

Ballard Spahr LLP on

Gwinnett County, Georgia, Superior Court Judge Tracie Cason denied OpenAI’s motion to dismiss a defamation lawsuit. Companies should keep in mind that AI “hallucinations” may present liability for generative AI....more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Jackson Walker

Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

Jackson Walker on

Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: PJ

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants. BURRI LAW PA v. SKURLA - The Court vacates the...more

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP on

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

Freeman Law

Texas Defenses to Defamation, Business Disparagement, and Malicious Criminal Prosecution Claims

Freeman Law on

This day in time, you have to be careful what you say or write.  Indeed, the utterance of only a few words can lead to an expensive lawsuit and the potential award of damages for causes of action such as defamation, business...more

Weintraub Tobin

“Inspired By” Characters In Movies And TV – Defamation Lawsuit As A Spinoff

Weintraub Tobin on

In the past few years there has been a number of libel claims based on an unfavorable portrayal of a real person in either a television program or motion picture that is based on real life events. To name a few, there is the...more

Tarter Krinsky & Drogin LLP

Second Circuit Slaps Down Anti-SLAPP Motions As Barred In Federal Court

Tarter Krinsky & Drogin LLP on

In a striking decision issued on July 15, 2020, the U.S. Court of Appeals for the Second Circuit held that motions to dismiss based on state Anti-SLAPP statutes, which require that plaintiffs satisfy a high standard of proof...more

Davis Wright Tremaine LLP

On Eve of Trial, Gizmodo Wins Dismissal of Ex-Trump Staffer’s Libel Suit – Fair-Report Privilege Bars Claims

Davis Wright Tremaine LLP on

In the fall of 2018, former communications head for President Donald Trump’s campaign, Jason Miller, filed a defamation claim in the U.S. District Court for the Southern District of Florida against Gizmodo Media Group LLC,...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

Farrell Fritz, P.C.

Allegedly “(Leon) Black”-listed Former Apollo Employee Fails to State A Business Tort Claim

Farrell Fritz, P.C. on

The line between aggressive business competition and unlawful conduct can sometimes be difficult to determine. Many different theories of tort liability have developed over the years to address the variations of unlawful...more

Bradley Arant Boult Cummings LLP

A Quick Study in Doxing and Personal Jurisdiction: Vangheluwe v. GotNews

Bradley Arant Boult Cummings LLP on

In the digital age, the internet not infrequently stretches the bounds of traditional jurisprudence and raises tricky new questions. An example from earlier this year is Vangheluwe v. GotNews, LLC, where a federal court in...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

Seyfarth Shaw LLP on

On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

54 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide