Libel
Don Blankenship's Libel Lawsuit Against Donald Trump, Jr. Can Go Forward
Blankenship had been convicted of a misdemeanor related to a deadly disaster at a mine his company owned; Trump, Jr. had erroneously labeled him a "felon"; a judge concluded that there's enough evidence that Trump, Jr. knew the statement was false, or at least likely false.
Anonymity of Libel Helps Justify Punitive Damages
"[M]ost revealing of actual knowledge of falsity is the vehicle chosen by Riccio to spread the falsehoods—the anonymous letter."
One America Network's Libel Lawsuit Against Rachel Maddow Rejected by Ninth Circuit
Maddow had said OAN "really literally is paid Russian propaganda," in reaction to a Daily Beast story that an OAN employee had also been freelancing for Sputnik News.
Rep. Devin Nunes' Libel Lawsuit Against the Washington Post Can Proceed
"A reasonable juror could ... conclude that the article was materially false because it stated that Nunes had made ... a baseless claim (when he had not)."
Judge Strikes All of Michael Mann's Expert Witnesses from Libel Suit
A week after granting summary judgment for another defendant (CEI), the judge rejects all but one of the proffered experts.
DC Court Grants Summary Judgment for CEI In Michael Mann Defamation Suit
Another significant loss for the controversial climate scientist, though his cases against two remaining defendants will continue.
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.