In an opinion today, the Second Circuit ordered a retrial of Sarah Palin’s defamation suit against the New York Times (see our prior coverage here). The suit arises from an editorial suggesting that her political action committee’s use of “stylized cross hairs” over the districts of several members of Congress in online materials incited the mass shooter who killed six people and wounded many others (including Representative Gabby Giffords) in 2011.

The Second Circuit reversed on multiple grounds, one of which relates to the unusual circumstances surrounding Judge Rakoff granting the Times judgment as a matter of law while the jury was still deliberating.  Although the jurors likewise found the Times not liable, certain of them received “push notifications” on their phones about Judge Rakoff’s ruling before reaching their decision. Judge Rakoff concluded that the notifications did not “remotely affect” the verdict, but the Second Circuit found otherwise, noting the “special position of influence” that a judge holds:Continue Reading Second Circuit: “Push Notifications” to Jurors Before Their Verdict Requires Retrial of Sarah Palin’s Defamation Case Against the New York Times

In the long-running defamation case brought by Sarah Palin against the New York Times (see our prior coverage here), Judge Rakoff issued an opinion yesterday explaining his ruling from the bench granting judgment as a matter of law to the Times. The ruling was announced orally to counsel at the close of trial, before the jury returned its verdict. The jury subsequently ruled in the Times’ favor, as well.

The central issue in the case was whether the Times acted with “actual malice” when it issued an editorial erroneously suggesting that the actions of Palin’s political action committee – using “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 Giffords, in a 2011 mass shooting.

Judge Rakoff found that the author, James Bennet, did not act with actual malice because, among other things, he was so quick to direct that the matter be corrected the morning after the editorial was published:
Continue Reading Judge Rakoff: It Would “Chill Protected Speech” To Hold NY Times Liable for Careless, Quickly-Corrected Editorial About Sarah Palin

In an opinion today in the long-running defamation case brought by Sarah Palin against the New York Times (see our coverage here), Judge Rakoff ruled that an expansion of New York’s anti-SLAPP law last month was retroactive, and hence was governing in the case.

Sate anti-SLAPP laws generally give special protections to defendants sued for exercising free speech rights, often by allowing for early dispositive motions, fee-shifting, and heightened standards of proof. New York’s anti-SLAPP law until recently applied only to cases involving public applications or permits, but a statute passed in November expanded the law – including the requirement of proving actual malice by clear and convincing evidence – to reach any claim arising from speech on matters of public interest.

Judge Rakoff concluded that the new law applied to case at hand because, under New York law, “remedial” legislation is given retroactive effect:
Continue Reading Judge Rakoff: New York’s Expanded “anti-SLAPP” Law Is Retroactive

On Friday, Judge Rakoff denied cross-motions for summary judgment in Sarah Palin’s defamation lawsuit against the New York Times. (See our earlier coverage here.) Palin argued that the “actual malice” standard for defamatory statements against public figures was no longer good law or did not apply to this case, while the Times argued that no reasonable jury could find that the allegedly defamatory statements were published with actual malice. The case will proceed to trial next Februrary.
Continue Reading Judge Rakoff Clears Sarah Palin’s Defamation Lawsuit Against NY Times for February Trial

In an opinion today, the Second Circuit revived Sarah Palin’s suit accusing The New York Times of defaming her in an 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 Giffords) in a 2011 mass shooting (see our prior coverage here).

The Second Circuit took issue with Judge Rakoff relying on evidence from an evidentiary hearing — the testimony from Times editor James Bennet — to dismiss the case under Rule 12.  As the Second Circuit held, Rule 12(d) allows District Courts to either rule based on the pleadings alone, or to convert the motion to dismiss into a motion for summary judgment (with an opportunity to introduce more evidence):
Continue Reading In Reviving Sarah Palin’s Suit Against the Times, Second Circuit Rejects Use of Evidentiary Hearings on Motions to Dismiss

In an opinion today, Judge Rakoff dismissed Sarah Palin’s defamation suit against the New York Times (see our prior coverage here) because the allegations (even taking into account additional facts from an evidentiary hearing) amounted to a showing of negligence, at best.  The opinion begins:
Continue Reading Judge Rakoff: Sarah Palin’s Allegations Against NY Times Do Not Amount to Necessary Showing of Maliciousness

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 SarahPAC cannot be considered an alter ego of its namesake, meaning that the editorial was not “of and concerning” her:
Continue Reading N.Y. Times Moves to Dismiss Palin Defamation Suit, Arguing Editorial Concerned Palin’s PAC, Not Palin Personally