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Nevilledog

(51,137 posts)
Mon Feb 14, 2022, 04:38 PM Feb 2022

Judge throws out Palin libel case against New York Times





https://www.politico.com/news/2022/02/14/palin-new-york-times-judge-ruling-00008719

A judge has ruled that a libel lawsuit former Alaska Gov. Sarah Palin filed against the New York Times over a 2017 editorial should be thrown out because her lawyers failed to produce evidence that the newspaper knew what it wrote about her was false or acted recklessly towards indications it was false.

The ruling from U.S. District Court Judge Jed Rakoff came as a Manhattan jury was deliberating on Palin’s suit, which claimed the Times defamed her by unfairly linking her to a 2011 shooting spree in Arizona that killed six people and gravely wounded then-Rep. Gabby Giffords.

Rakoff said he would continue to allow the jury to deliberate to a verdict and added that he considers an appeal in the case to be inevitable.

*the end*
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LetMyPeopleVote

(145,374 posts)
2. Palin was attempting to overturn NYT v. Sullivan
Mon Feb 14, 2022, 04:41 PM
Feb 2022

The only way that this case made sense was to overturn NYT v. Sullivan because there was no actual malice or gross negligence

tishaLA

(14,176 posts)
7. That's the end goal
Mon Feb 14, 2022, 04:57 PM
Feb 2022

And they have packed the courts to try to make it happen. As Scarborough said this morning, they should be careful what they're working for because if they're successful, TDFG accused Scarborough of murder 12 separate times and he'd never get out of court if the rules change because he's unable to restrain himself from lying maliciously about any- and everyone.

Vinca

(50,288 posts)
4. I'm confused. He's allowing the jury to continue to deliberate so if they returned a verdict in
Mon Feb 14, 2022, 04:50 PM
Feb 2022

favor of Klondike Barbie, she would win and it wouldn't matter what the judge says. Am I right? Bottom line, Palin wins in either case. If it's in her favor, maybe she collects some loot. If it's against her, she still collects loot peddling a meme about "New York liberal juries," yada, yada, yada. Suppose she's ultimately trying to get the Slobfather to pick her for Veep?

Nevilledog

(51,137 posts)
8. No. She lost at this level, no matter what jury says.
Mon Feb 14, 2022, 05:00 PM
Feb 2022

I've never seen a judge do this, but I've also never done a libel case.

Judge says he wants the appellate court to have the results of jury deliberations to basically complete the record.

spanone

(135,854 posts)
5. whatever, she'll appeal all the way to the supreme court and this f'd up court will take it up.
Mon Feb 14, 2022, 04:53 PM
Feb 2022

....and they'll rule in her favor.

hope not, but this court is not our friend

LetMyPeopleVote

(145,374 posts)
9. Two Supreme Court justices, Gorsuch and Thomas, have hinted they want to change NYT v. Sullivan
Mon Feb 14, 2022, 05:08 PM
Feb 2022

This case was designed to get to the SCOTUS to try to overturn NYT v. Sullivan




The case — the first libel lawsuit against the Times to go to trial in the United States in nearly 20 years — holds the potential to upend decades of precedent that have offered broad protections to media organizations when writing about public figures......

Yet two Supreme Court justices, Neil M. Gorsuch and Clarence Thomas, have hinted that they would like to revisit the logic of Sullivan, meaning that even a loss in this trial could send shock waves through the media industry if an appeal makes its way to the high court.

Beyond the legal issues, the courtroom phase of this case is shining a not-always-flattering light on editing practices within one of the most prestigious media outlets in the world.

Tommy Carcetti

(43,185 posts)
10. This would have been the likely result if the Nate Sandmann suits would have gone to court, too.
Mon Feb 14, 2022, 05:12 PM
Feb 2022

However, lawsuits are both costly and time consuming to defend, even if they are not supported by the facts or law, and frequently a plaintiff in a situation will throw out a pittance in exchange for a confidential settlement, and that is that. Since the amount is confidential, the settling party is free to posture that they got some great result, when many times it really isn't anything of great substance.

It's called "cost of defense" or "nuisance value."

Caliman73

(11,740 posts)
11. Well, I know a lot of right wing media outlets that can be sued into oblivion if they do...
Mon Feb 14, 2022, 05:16 PM
Feb 2022

A few of which are already facing major problems for defamation of Dominion Voting and Smartmatic. If they relax those slander and libel laws, I am sure that more than a few people who have been lied about by Fox would be happy to pursue justice.

msfiddlestix

(7,284 posts)
14. Wondering if HRC is watching this carefully?
Mon Feb 14, 2022, 05:56 PM
Feb 2022

If Palin succeeds, she'll have paved good ground for HRC to proceed.

I think HRC should do so anyway. regardless of how this turns out for Palin.



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