The lawsuit is brought by Jacki Pick against Georgia Secretary of State Brad Raffensperger, based on statement in Raffensperger's book, Integrity Counts.
It doesn't always work, but it worked on the facts of this case.
Defamation litigation ensues.
"[T]he complaint alleges facts sufficient to raise a reasonable doubt that at least three other directors lack independence from Murdoch."
The Osundairo brothers sued Smollett's lawyer for suggesting that they might have put on white makeup for the hoax.
The statements were true or at least substantially true, the court concludes, plus Trump Media failed to adequately allege knowing or reckless falsehood on the Post's part.
"M.V. ... [sued] J.T., alleging that this action arises out of a personal vendetta and jealous revenge plot by J.T. to destroy his life and reputation. M.V. asserts that, intent on causing him maximum damage after he finally ended their casual, on-and-off sexual relationship that spanned years including through their time together in college, J.T. knowingly published numerous false and defamatory statements to the social media application YikYak, falsely accusing M.V. of rape ...."
The case indirectly involves a long and messy divorce dispute between a Korean billionaire tech CEO (chairman of the third-largest South Korean company) and the daughter of South Korea's first democratically elected President.
Not libel, says the Second Circuit: "the truth is so near to the facts as published that ... no legal harm has been done."
Is it libelous to (1) accuse him of "antisemitism" and (2) accuse him (incorrectly) of having painted a swastika?
So a federal judge rules in a case brought by Tony Bobulinski, who testified about the Bidens before the House Oversight Committee, against Jessica Tarlov, a Fox News commentator and co-host of The Five.
CAIR's allegedly libelous press release about a dismissed former high-level employee "opened the door" to discovery about various allegations the employee had made about CAIR.
After the federal judge denied the university's motion for summary judgment, the case settled. Among other things, the judge concluded that allegations that a coach acted in a racist way were "defamation per se," so that plaintiff didn't have to show specific damages stemming from the allegations.
Veritas had been suspended from Twitter for including an interview subject's house number; CNN "suggested on-air that Twitter banned Veritas for 'promoting misinformation.'"
Fort the answer—or rather, answers—a court has to resolve a choice of law question.
The allegedly libelous claims about the candidate were made three months after he lost the election; a Magistrate Judge had held the candidate was no longer a public figure, but the District Court disagreed.
The court also concluded defendant had libeled plaintiff, but the court held that even the nonlibelous expressions of opinion could lead to emotional distress liability. The total verdict of $6.8M.
against the online critic who first posted the allegations, but not against CAIR (the Council on American-Islamic Relations), which echoed them.
Plaintiff had argued that defendants' publicizing the religious court's statement "serves as a form of social pressure, calling on the community to shun or ostracize the individual until they comply with the court's demands."
To support the Chiefs, the young fan "wore Native American headdress, painted his face black and red, and donned a Chiefs jersey"; Deadspin said this was "black face" and showed "hate" towards "Black people and the Native Americans."
Plaintiff (Stefan Passantino, Cassidy Hutchinson's former lawyer) may thus eventually prevail, if the claim is shown to be false, and if the defendant is shown to have spoken with "actual malice" (if plaintiff is a public figure) or negligently (if plaintiff is a private figure).
The court concluded that the Director of Safety and Security at a small private college didn't qualify as a "public official or public figure" for purposes of the state's anti-SLAPP statute.
The opinion includes some interesting discussion of defamation by implication.
But he loses: "As a result of Godlewski's guilty plea to 'inappropriate text [m]essages' and 'contact' ..., as set forth in the Affidavit of Probable Cause quoting the offending text messages admitting and memorializing a sexual relationship with a 15-year-old minor, Godlewski is collaterally estopped from denying his participation in [the] sexual relationship ...."
claims that someone has engaged in specific conduct may be factual assertions and therefore potentially libelous.
Law students: Take that Choice of Law (often called Conflicts of Laws) course your law school offers; it can be tremendously important.
