Tag Archives: Defamation

Second Circuit Revives “Small Group Defamation” Claim By Fraternity Against Rolling Stone

In an opinion this week by Judge Forrest (sitting by designation), the Second Circuit reversed in part Judge Castel’s dismissal (covered here) of claims brought by a University of Virginia fraternity against Rolling Stone magazine over a widely discredit article telling the story of a source named “Jackie” being gang raped at a fraternity party. The Second … Continue Reading

Judge Gardephe Dismisses Renewed Defamation Claims by Anti-Aging Doctors Labeled as “Quacks”

Today, Judge Gardephe dismissed with prejudice the amended complaint brought by two prominent “anti-aging” doctors against the nonprofit consumer advocacy website “Quackwatch.”  Last year, Judge Gardephe dismissed the original complaint, containing defamation claims based on an article reporting that the plaintiffs had agreed to pay fines to the Illinois licensing authorities for improperly using the term “M.D.” after their … Continue Reading

N.Y. Times Moves to Dismiss Palin Defamation Suit, Arguing Editorial Concerned Palin’s PAC, Not Palin Personally

Last week, the New York Times Company moved to dismiss a defamation suit brought by Sarah Palin over a New York Times editorial drawing a connection between SarahPAC’s publication of a “crosshairs map” referencing Representative Gabrielle Giffords and the mass shooting where she was wounded in 2011 (see our previous coverage of the suit here). The Times argues that … Continue Reading

Judge Sullivan: Plaintiff Can Voluntarily Drop Federal Claim to Get Back in State Court

Today, Judge Sullivan remanded to New York state court a case against MLB brought by a former Milwaukee Brewers and Cincinnati Reds player Neiman Nix.  The complaint alleged that MLB investigators spread misinformation about Nix’s player training academy and “sports science testing facility” in Florida, and included claims for defamation, tortious interference, and violation of … Continue Reading

In Sarah Palin’s Defamation Case Against N.Y. Times, Judge Rakoff Indicates Trial by December

Sarah Palin sued the New York Times Tuesday (see the complaint here) over a recent editorial suggesting that her political action committee’s use of “stylized cross hairs” over the districts of several members of Congress in online materials was responsible for the “political incitement” of Jared Lee Loughner, who killed six people and wounded many others (including Representative Gabby … Continue Reading

Judge Gardephe: It is Not Defamatory to Suggest That Anti-Aging Doctors Fined for Misconduct Are “Quacks”

In an opinion yesterday, Judge Gardephe dismissed a defamation complaint brought by two prominent doctors who practice “anti-aging” medicine (see coverage of them in the New York Times here) over an article on a nonprofit consumer advocacy website called “Quackwatch” reporting that they had agreed to pay fines to the Illinois licensing authorities for improperly … Continue Reading

Judge Castel Rules Rolling Stone Article on UVA Rape Did Not Defame Fraternity Members

In an opinion Tuesday, Judge Castel dismissed a case brought by three fraternity members against Rolling Stone magazine and one of its writers, Sabrina Erdely, who authored a discredited account of a woman referred to as “Jackie” claiming to have been gang raped at a fraternity at the University of Virginia. Judge Castel found that the … Continue Reading

Second Circuit Affirms Judge Oetken’s Decision Dismissing Art Authenticator’s Defamation Claims Against the New Yorker

The Second Circuit today affirmed Judge’s Oetken’s decision from August 2013 dismissing defamation claims against the New Yorker stemming from a 2010 profile of Peter Paul Biro, a specialist in art authentication through fingerprint analysis who was featured in the documentary Who the #$&% is Jackson Pollock?.  The Second Circuit found that Rule 8 requires a … Continue Reading

SDNY Blog Returns as Steptoe Blog

The SDNY Blog is relaunching as a publication of Steptoe & Johnson LLP.  We expect to post several times a week on decisions and other developments in the Southern District of New York.  You can find us right here at www.sdnyblog.com, or follow us on Twitter or Facebook. Here’s a quick summary of what’s been happening in the Southern … Continue Reading

Judge Engelmayer Rules that Law Review Article Discussing Dismissed Allegations of Discrimination Is Not Defamation

In an opinion issued today, Judge Engelmayer dismissed defamation and false-light invasion of privacy claims brought against a law professor who wrote a law review article (and gave a related lecture) about sexual discrimination in the workplace.  The article and lecture by Professor Zachary Kramer, titled “Of Meat and Manhood,” discussed problems with courts’ treatment … Continue Reading

Judge Oetken Rules Hyperlinking Constitutes Attribution to Source, Dismisses Defamation Suit by Sheldon Adelson

In an opinion today, Judge Oetken dismissed a defamation suit brought by GOP donor Sheldon Adelson because (among other reasons) the allegedly defamatory language hyperlinked to an AP article about a lawsuit, and thus constituted a privileged “attribution” of the assertion to a judicial proceeding.  The suit related to an online petition entitled “Tell Romney … Continue Reading

Judge Oetken Dismisses Claims in Biro Defamation Lawsuit Relating to New Yorker Article

In the defamation action stemming from a 2010 New Yorker profile of  Peter Paul Biro (a specialist in art authentication through fingerprint analysis who was featured in the documentary  Who the #$&% is Jackson Pollock?), Judge Oetken yesterday granted a motion  for judgment on the pleadings filed by the New Yorker Defendants (Conde Nast, and David Grann, … Continue Reading

Judge Oetken Allows Art Authenticator to Proceed With Defamation Claims Concerning New Yorker Article

In a 65-page opinion issued today, Judge Oetken allowed Peter Paul Biro, who is known for art authentication through fingerprint analysis, to proceed with certain of his defamation and related claims arising from a July 2010 New Yorker article raising questions about him. The article itself is appended to the decision. The defendants had moved … Continue Reading
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