Libel

This section covers the state law governing libel suits. The standards governing such suits are influenced by many things, including whether the subject of a story is a public figure or public official. This also covers the defenses to libel suits, including the "fair report" privilege, the opinion defense and anti-SLAPP laws.

District court judge dismisses defamation claim over N.Y. Attorney General's press release

Jack Komperda | Libel | News | January 15, 2013
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January 15, 2013

A New York federal judge has ruled that a dentist acquitted of fraudulently billing Medicaid for services he never performed will not be able to pursue a defamation claim against prosecutors who touted his indictment for a "million dollar Medicaid theft" in a press release.

Brooklyn dentist Leonard Morse was indicted in 2006 for larceny and ultimately acquitted the following year. He then sued the New York Attorney General's Office for defamation and other civil rights violations.

Washington state appeals court upholds dismissal of defamation case against Seattle news station

Jack Komperda | Libel | News | January 15, 2013
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January 15, 2013

A Washington state appellate court on Monday upheld the dismissal of a defamation lawsuit filed by a Seattle transitional housing service against a local television news station, while avoiding ruling on a challenge to the constitutionality of the state's anti-SLAPP law.

The defamation suit stems from stories televised in 2010 by KIRO TV and later published on its website detailing the practice of U.S. Mission Corporation in using residents of its transitional shelters, some of whom had criminal backgrounds, to solicit door-to-door donations.

Businessman can pursue defamation suit without showing proof of monetary loss, N.Y. appeals court rules

Lilly Chapa | Libel | News | December 14, 2012
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December 14, 2012

A man accused of throwing a severed horse head in a local politician's pool does not have to prove monetary loss to pursue a defamation lawsuit against his online accusers, an appellate court in New York ruled.

New York court dismisses libel suit against the New York Daily News

Monika Fidler | Libel | News | December 7, 2012
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December 7, 2012

A New York judge this week dismissed a libel lawsuit by a Brooklyn judge against the New York Daily News and one of its former columnists.

Courts confront online reviews

Review sites encourage opinions and critiques, but courts must decide if the information is protected as opinion
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AP Photo/Jim Mone

Marshall Tanick, above, represents Dr. David McKee in a suit against McKee’s patient’s son for defamation after critical remarks about the doctor were posted on rating websites.

Dennis Laurion did not like the way a Minnesota doctor treated his father after the elderly man suffered a stroke, and he wanted to make sure others knew about his family’s experience.

Obsidian Finance Group, LLC, et al., v. Crystal Cox

October 17, 2012

Kevin Padrick and Obsidian Finance Group, LLC sued blogger Crystal Cox, claiming that Cox libeled them through a series of postings on her Internet blog. The trial court jury ruled in favor of Padrick and Obsidian and returned a $2.5 million verdict in their favor. Cox moved for a new trial, which was denied. The decision in the trial court below turned on whether she was a journalist and whether her speech involved a matter of public concern – both of which affects the standard of liability under Oregon law.

Air Wisconsin Airlines v. Hoeper

October 15, 2012

William Hoeper, a former pilot for Air Wisconsin Airlines, sued his former employer for defamation after employees from the regional airline notified Transportation Security Administration officials of their concerns about Mr. Hoeper's "mental stability" following a failed proficiency flight training test.

Judge dismisses libel suit against Spitzer, Slate

Lilly Chapa | Libel | News | October 2, 2012
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October 2, 2012

A New York federal judge said in a strong and firm opinion released this week that an article written by former New York Gov. Eliot Spitzer about financial and business crimes in the state is not libelous because it is not “of and concerning” the plaintiff.

Anti-SLAPP laws on trial

Federal courts grapple with applying state libel defense laws
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A recent libel suit gave birth to a controversial judgment involving the District of Columbia Anti-SLAPP Act, which protects speech relating to issues of public interest.

AP Photo by Manuel Balce Ceneta

Minnesota appeals court overturns jury award against blogger

Jack Komperda | Libel | News | August 21, 2012
News
August 21, 2012

John Hoff did not lie. Because of that, the Minneapolis blogger will not be held liable for the firing of a University of Minnesota employee.

A three-member panel of the Minnesota Court of Appeals on Monday overturned a $60,000 award against Hoff, a blogger who publishes “The Adventures of Johnny Northside.”