Libel
Motion to Dismiss in Marc Rotenberg v. Politico LLC
“For diversity jurisdiction to exist, no plaintiff may share state citizenship with any defendant," and "[u]nincorporated associations, including LLCs, have the citizenship of each of their members."
Jerome Corsi & Larry Klayman Seem on Track to Losing Libel/Trademark Lawsuit Against Infowars and Alex Jones
Defendants had said Klayman "'could be the single worst lawyer in America,' has 'never actually won a courtroom victory in his life,' and is an 'idiot' and an 'egomaniac,'" and that "Corsi he seemed to mentally be extremely degraded to the point of what I would call dementia."
Dogs and Cats, Elections, and Prior Restraints
A Tennessee trial court "enjoined the parties [including a recent candidate for elected office] from making any public comments about each other and from making any 'negative or disrespectful comments' about each other to third parties."
Police Officer's Libel Lawsuit Over Netflix's Making a Murderer Can Go Forward,
at least through discovery and until the motion for summary judgment; Netflix’s motion to dismiss has been denied.
Avenatti v. Fox News Goes Full-On Civ Pro
Remember, the lawyer’s true superpower is to turn every question into a question about procedure.
Is It Libelous to Falsely Say Someone Is Working with the Police?
Special bonus connections: disbarred lawyers, Tupac Shakur, New York City political figures, and then-not-yet-Attorney-General Michael Mukasey.
Alan Dershowitz's Libel Lawsuit Against CNN Can Go Forward
The lawsuit stemmed from CNN's coverage of Dershowitz's argument in the first Trump impeachment trial.
Does Libel Dispute About Whether "TheDemonatrix" Comics Are "Lolicon" Belong in Federal Court?
(Lolicon is "A Japanese term derived from the English phrase 'Lolita complex,' lolicon describes a fascination with cartoons of very young-looking girls engaged in varying degrees of erotic behavior.")
Texas Lawyers Can Be Sued for Libel for Press Releases About Complaints,
even if the press release accurately summarizes the Complaint; the rule is different in some states, such as California.
Court Affirms >$10M Libel Verdict Against Disgruntled Ex-Employee-Turned-Competitor
The defendant had been barred from presenting his defense, as a sanction for his persistent violation of court orders, including one that he had expressly consented to.
Risky Pleading in Sex-Related Libel Cases
If plaintiff broadly claims that defendant libeled her by "imputing unchastity," she risks having to disclose a lot about her sexual history.
No Preliminary Injunctions Against Libel, Magistrate Judge Reaffirms
And claims of veiled threats don't change that.
Wash. Court Reverses Order Banning "Defamatory and Harassing" Posts About Judge and Court Employees
It's an unconstitutional prior restraint, the court holds.
Bust a Deal, Face the Wheel, Here for Colleges and Settlements for Lawsuits Over Expulsions
A student was expelled by St. John Fisher College for alleged sexual misconduct, but was then acquitted at a criminal trial and sued the college; the college agreed to confidentiality to settle the case, but then allegedly breached the agreement.
Pharma Co. Seems Ready to Withdraw Request for Preliminary Injunction to Take Down Anesthesiology Journal Articles
The case is Pacira BioSciences v. American Society of Anesthesiologists, a trade libel lawsuit filed over journal articles and other publications questioning the efficacy of Pacira's pain-killer Exparel.
Dr. Luke Isn't a Public Figure for Purposes of His Libel Lawsuit Against Ke$ha
So the New York intermediate appellate court held yesterday, by a 3-2 vote.
Pharma Co. Demands Preliminary Injunction to Take Down Anesthesiology Journal Articles
Pacira Biosciences' redacted brief supporting the motion for the preliminary injunction is now available—but it says nothing about the First Amendment, or about how the injunction could escape the prior restraint doctrine.
Pharma Co. Suing American Society of Anesthesiologists, Seeking Removal of Criticisms in Anesthesiology Journal + Retraction
Pacira Biosciences, Inc. is suing over allegedly "false and misleading statements made about EXPAREL, a pain medication drug."
Some Rhetoric from the Rotenberg v. Politico Complaint
Gripes about publishers getting "private commercial benefit" from "hate speech, propaganda, and statements that seek to destabilize American democracy"; argument that "[t]he public figure doctrine emerged in an era prior to the Internet advertising model that rewards news organizations for the ongoing display of defamatory content."
The Legal Complexities in Rotenberg v. Politico—#1332 Might Surprise You!
Remember: Lawyers’ true superpower is the power to turn all questions into questions about procedure.
Ninth Circuit Lets #TheyLied Suit Against Lawyer Lisa Bloom Go Forward
The lawsuit was brought by casino developer Steve Wynn, over a press release put out by Bloom related to a sexual harassment claim that Bloom's firm brought on behalf of a dancer.
Duty to Stop Reporting Highly Incomplete Reports of Legal Proceedings
I'm continuing to serialize a forthcoming article of mine that discusses (among other things) such a proposed interpretation of libel law.
National Review Not Liable for Mark Steyn's Blog Post About Michael Mann
The court doesn't decide whether the column was libelous, but just that the National Review wasn't liable for Steyn's post, because Steyn wasn't an employee.
Incomplete Reports of Legal Proceedings as Libel
A bit of background on the current law of libel; I'll have more about the implications of this in an upcoming post.
The Duty to Correct Your Own Libelous Posts, and the Single Publication Rule
I publish something about you on Jan. 1, but I don't learn that it's false until Jan. 2. You then sue me for not taking down the post—should my liability turn on my mental state as of Jan. 1, or as of the time you sue?
The Existing Duty Not to Continue Displaying Posts on Physical Property -- an Analog to a Similar Duty as to Online Posts
I'm continuing to serialize my forthcoming law review article on the duty to correct your own libelous posts, once you learn that they are libelous.
Reasons for a Duty to Correct Libelous Materials You Posted
I'm continuing to serialize my forthcoming law review article on this subject.
No Right of Publicity Claim for Publishing Court Opinion with Plaintiff's Name
Obvious, but good to have a cite for that.
A Duty to Correct Libelous Material You Posted, Once You Learn That It's Libelous
Another article that I'm serializing over the coming days.
Court Reinstates $550K Award in #TheyLied Lawsuit
The plaintiff was fired and accused of sexual harassment; he won a libel lawsuit over that, and the jury awarded him $550K, but the trial court had reduced it to $100K.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? "All the Craziness … Needs to Stop Totally"
Some speculation from my forthcoming article.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 2, Judges as Flexible Problem-Solvers
Some speculation from my forthcoming article.
