"Trump supporter wants new shot at libel case against MSNBC host"

Courthouse News Service, in an article by John Russell, reported on Wade, Grunberg & Wilson, LLC’s appeal to the Second Circuit Court of Appeals on behalf of a client suing Joy Reid for defamation based on tweets falsely alleging the client had made a racial slur. The case was dismissed in the U.S. District Court for the Eastern District of New York based on application of the California anti-SLAPP statute. WGW successfully appealed that ruling, and the Second Circuit ultimately reinstated the lawsuit and held that California’s anti-SLAPP statute does not apply in federal court because it conflicts with Federal Rules of Civil Procedure 12 and 56. The Second Circuit also reversed the district court’s finding that the plaintiff was a limited purpose public figure.

The article quoted from Taylor Wilson’s oral argument before the Second Circuit:

Meanwhile, La Liberte’s attorney Taylor Wilson said his client is entitled to the more developed court record that would be derived from discovery.

‘There is no evidence, as the court has pointed out, because there is no discovery,’ said Wilson, an attorney with the Atlanta firm Wade, Grunberg & Wilson.

Wilson said the district court decided ‘for itself that it’s plausible that Ms. Reid didn’t act with actual malice.’

‘She never even addressed in her order, didn’t even attempt to address in her order, the circumstantial evidence that [plaintiff] has alleged to show a plausible case of actual malice and that discovery, as Judge Jacobs rightfully pointed out, right now is a black box and may reveal evidence of actual malice given the recklessness that’s been plead,’ he added. . . .

On rebuttal, Wilson argued that characterizing [plaintiff] as a public figure chills the free speech of private citizens.

‘Her sole voluntary conduct prior to the accusations was her civil duty in appearing at city council meetings,’ he said. ‘I don’t think we want our citizens to be weighing the benefits of participating as private citizen versus the risks of being libeled.’

Read the full article here.

Read the Second Circuit opinion here.

For additional information on the importance of the successful appeal in the Second Circuit, see “Impact of La Liberte v. Joy Reid on Anti-SLAPP applicability in federal courts,” Jul. 16, 2020, Casemine.com.