Insurers Beward: A Chink in the Armor of New York Times v. Sullivan

0
4K

Actual Malice in Republication of Defamation by Implication

Read the full article at https://www.linkedin.com/pulse/insurers-beware-chink-armor-new-york-v-sullivan-zalma-esq-cfe and at https://zalma.com/blog plus more than 3900 posts.

Devin Nunes, a Member of Congress from California, appealed an order of the district court dismissing his complaint alleging defamation and conspiracy claims against Ryan Lizza and Hearst Magazine Media, Inc. The claims are based on an article published in Esquire magazine and republished after suit was filed claiming the article was false and defamatory. In Devin G. Nunes v. Ryan Lizza, Hearst Magazine Media, Inc., No. 20-2710, United States Court of Appeals, Eighth Circuit (September 15, 2021) Nunes established the complaint sufficiently alleged defamation by implication and that the defamation was actually malicious.

ZALMA OPINION

Insurers who insure against defamation and have relied on the “actual malice” requirement of defamation of a public figure, should read this decision with care. Although the Eighth Circuit refused to reconsider New York Times v. Sullivan it found actual malice in the republication and allows Nunes to go forward with his suit against Lizza and Hearst. Their insurers will be required to defend through trial and may find a claim for payment of damages. The issue may also reach the Supreme Court where some justices have discussed the need to reconsider the New York Times v. Sullilvan case.

Sponsorizzato

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Cerca
Categorie
Leggi tutto
Religion
Charitable Immunity
Charitable ImmunityRead the full article at https://lnkd.in/guhz_Uui and at...
By Barry Zalma 2022-08-04 13:16:36 0 7K
Altre informazioni
Never Delay Responding to Requests for Admission in Arizona
Never Delay Responding to Requests for Admission in Arizona Requests for Admission Deemed...
By Barry Zalma 2024-06-21 13:05:55 0 1K
Politics
There is a socialist coup unfolding in Canada
I have seen no reaction to the contents of the socialist coup implied in  the Canadian...
By Scarecrow III 2020-10-07 11:17:06 0 4K
Altre informazioni
No Post Conviction Help
No Post Conviction Help Unrelated Witness Misconduct no Help to Convicted Shooter Read...
By Barry Zalma 2024-05-22 13:09:09 0 2K
Altre informazioni
VIEWPOINT Articles by Zalma on Crop Insurance Fraud and Flood Insurance
LAW STREET MEDIA PUBLISHES VIEWPOINT ARTICLES BY BARRY ZALMA Posted on April 15, 2021 by Barry...
By Barry Zalma 2021-04-15 13:40:55 0 3K