Libel
Fired College Security Chief's Libel Claim (Over Allegations That He Mistreated Black Alumnus) Can Go Forward
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.
Ruth Shalit Barrett's Defamation Lawsuit Against The Atlantic Survives in Part
The opinion includes some interesting discussion of defamation by implication.
QAnon "Patriot Reporter" Claims Newspaper Libeled Him by Saying He Had Admitted to "Sexual Relationship" with 15-Year-Old
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 ...."
Claim That Someone Is "Racist" or "White Supremacist" Is Opinion and Thus Not Libel, Though …
claims that someone has engaged in specific conduct may be factual assertions and therefore potentially libelous.
No, Not That David Sackler; No, Not That State Law
Law students: Take that Choice of Law (often called Conflicts of Laws) course your law school offers; it can be tremendously important.
$1.85M Award in #TheyLied Lawsuit Over False Accusation of Rape
The award consisted of $1.5M compensatory damages and $350K punitives.
Sarah Palin Gets New Trial in Libel Lawsuit Against N.Y. Times
"[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case."
Russian Opera Singer Anna Netrebko's Sex Discrimination Lawsuit Over Firing by N.Y. Metropolitan Opera Can Go Forward
But her national origin discrimination claim (apart from the sex discrimination component) is rejected, as is her defamation claim.
Unusual Fraud Claim Against Scientific Co-Author Over Alleged Research Problems Fizzles Out
The claim was brought too late, the court holds, and the associated defamation claim is barred by the judicial proceeding privilege.
Plaintiff Claims P. Diddy's Defamation Damaged Plaintiff's Drug Smuggling Business
Plaintiff says he was "always willing to set up business deals with the rich for drugs."
Nina Jankowicz's Libel Lawsuit Against Fox News Network Dismissed by Federal Judge
The judge concludes Fox's statements about Jankowicz's plans as Executive Director of the DHS Disinformation Governance Board, and the circumstances of her leaving the position, were constitutionally protected opinion—and, even if they were viewed as factual assertions, were substantially true.
"Someone Must Have Taken the Bar Exam for You" Was Just Insult, Not Libel
"[A]nyone who has used Facebook is aware that it is a platform that breeds spiteful and juvenile exchanges."
Moving to Unseal Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis
Sen. Mastriano (who is running for reelection to the state senate, and who ran in 2022 for Governor) is suing for, among other things, libel—but trying to keep the allegedly libelous material under seal.
Calling Someone an "Amateur" May Sometimes Be Defamatory
“This Court rejects Defendants’ argument an ordinary person could find ‘amateur,’ in this circumstance, to refer to ‘one who engages in a pursuit, study, science, or sport as a pastime rather than a profession’ or a ‘devotee, [or] admirer,’ given the surrounding context and circumstance.”
Libel, Fire, Healing Chakras, and Real Housewives of New York
“The article also documents Plaintiff’s four failed attempts at appearing on the Real Housewives of New York, and the potentially circumstantial evidence that the fire was used as a publicity stunt as it occurred just one day prior to Plaintiff joining a talk show wherein she talked extensively about the fire.”
Journal of Free Speech Law: "Adding Injury to Insult: Kant on Defaming the Dead," by Prof. David Sussman
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Plaintiff Sufficiently Alleged Knowing/Reckless Falsehood in CNN Story About Evacuating Afghans During Withdrawal
"Young proffered CNN messages and emails that showed internal concern about the completeness and veracity of the reporting—the story is 'a mess,' 'incomplete,' not 'fleshed out for digital,' 'the story is 80% emotion, 20% obscured fact,' and 'full of holes like Swiss cheese.'"
Journal of Free Speech Law: "Fiction, Defamation, and Freedom of Speech," by Prof. Collin O'Neil
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Journal of Free Speech Law: "True Defamation," by Prof. Jeffrey S. Helmreich
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Plaintiff's Idaho Murder Libel Claim Beats Defendant's "Tarot Readings" and "Psychic Intuition"
"[T]he only support for Defendant's statements about Plaintiff is that Defendant's 'spiritual investigation' into the murders using 'intuitive tarot readings' led her to Plaintiff."
Journal of Free Speech Law: "Defamation, Presumed Damages, and Reputational Injury: A Legal and Philosophical Inquiry," by Prof. Benjamin C. Zipursky
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Journal of Free Speech Law: "Defamatory in Whose Eyes?," by Prof. Kenneth W. Simons
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
"After Edokobi's Employees Left, Smith Cast 'Evil Curses' upon Edokobi's Life and Business"—But Not Libelous Ones
More usefully, the case is a reminder that insults and other expressions of opinion aren't libelous.
Court Declines to Dismiss Libel Suit by Anthropologist Accused of Mishandling Human Remains from Project MOVE Bombing
The case was brought by Dr. Janet Monge against the University of Pennsylvania.
"If He Did Not Want to Be Called a 'Rioter,' Plaintiff Should Not Have Admitted … to 'Participation in … [a] Riot'"
Plus, the significance of omitting "IDK."
Alleged "QAnon John"'s Libel Lawsuit Against Anti-Defamation League Can Go Forward
The court held that the ADL's claims were factual assertions, and not just opinions; whether they are false assertions, and whether plaintiff is a limited-purpose public figure (who would therefore have to show knowing or reckless falsehood) remains to be decided.
Court Upholds #TheyLied Intentional Infliction of Emotional Distress Award Against Student Who Accused Professor of Sexual Assault,
but throws out a similar award against another professor who backed the student's allegations. (A jury had concluded the student's allegations were false and defamatory.)
No Sealing of Allegedly Defamatory Statements in Libel Lawsuit
"Dr. Morrison brought this lawsuit. He chose to challenge the accuracy of these statements in a public courtroom. If disclosing the allegedly-defamatory statements invades his privacy or causes him injury, it is solely the result of his own actions and decisions."
Pennsylvania Trial Court Rejects Pseudonymity in Defamation Suit Over Sexual Assault Allegations
(as well as other allegations).
