Defamation

Coffey Modica O'Meara Welcomes Joseph A. D'Avanzo

Retrieved on: 
Tuesday, June 6, 2023

WHITE PLAINS, N.Y., June 6, 2023 /PRNewswire/ -- Coffey Modica O'Meara LLP, a leading law firm specializing in insurance defense, is pleased to announce the appointment of Joseph A.

Key Points: 
  • WHITE PLAINS, N.Y., June 6, 2023 /PRNewswire/ -- Coffey Modica O'Meara LLP, a leading law firm specializing in insurance defense, is pleased to announce the appointment of Joseph A.
  • He joins from Pashman Stein Walder Hayden PC, where he was a Managing Partner in their New York office.
  • D'Avanzo has a distinguished career spanning more than two decades, during which he has earned a reputation as a tenacious and skilled litigator.
  • "We are very pleased and excited to welcome Joe to our team," Michael Coffey, founding partner of CMOC.

How hip-hop learned to call out homophobia – or at least apologize for it

Retrieved on: 
Monday, June 5, 2023

Addressing claims of homophobia, the rapper wrote on Instagram: “I didn’t write the line about gay people.

Key Points: 
  • Addressing claims of homophobia, the rapper wrote on Instagram: “I didn’t write the line about gay people.
  • … I got love for all people.” He continued: “To me [by] ‘queer’ I don’t mean someone who’s gay.
  • As rap music approaches its 50th anniversary in August, I believe it is increasingly embracing challenges to – and debates about – homophobia.

The history of homophobia in rap music

    • Indeed, throughout the 1980s and 1990s, high-profile rap groups such as N.W.A and artists like DMX similarly used pejorative language against members of the gay and lesbian community.
    • Perhaps the most famous rapper using homophobic lyrics is Eminem.
    • Throughout this controversy, there was only a muted response from the rap community itself.
    • Indeed, researchers who studied the link between rap music and resistance among young men of color to coming out found that it influenced some gay men’s decision to conduct any same-sex practices on the “down low” to avoid revealing their sexuality.

The start of change in rap community

    • For example, in 2005 Kanye West apologized for his past homophobia and even urged fellow artists to cease using lyrics that degrade the LGBTQ+ community.
    • These individual actions did not end anti-gay expression in rap, but it does, I believe, show progress among those in the hip-hop community.
    • However, many present-day male rappers wear tight-fitting clothes – a fashion choice once considered “gay” and therefore demeaned in the rap world.
    • Moreover, such outfits are created by gay fashion designers, a point that Offset acknowledged while defending himself against claims of homophobia.

Out of the closet and onto the mics

    • Even more telling, I believe, is the growing number of mainstream LGBTQ+ rappers.
    • Over the past decade, there has been a rise in the number of successful gay and lesbian emcees.
    • Albeit the music of openly gay Lil Nas X is more pop than rap, it has sold over 1 million copies.
    • Even 50 Cent, no stranger to homophobic lyrics, praised her on Instagram: “Young M.A the hottest s*** out right now.

Still room for growth in rap music

    • But it does show that hip-hop has evolved to a point at which self-reflection and conversations are taking place on past and present instances of homophobia.
    • That’s not to say that anti-gay beliefs don’t persist in the music of some.
    • And at least for now, rap artists are called on it – increasingly by members of their own community.

FOX, FOXA INVESTOR NEWS: ROSEN, A LEADING INVESTOR RIGHTS LAW FIRM, Encourages Fox Corporation Investors to Inquire About Class Action Investigation – FOX, FOXA

Retrieved on: 
Saturday, June 3, 2023

The Rosen Law Firm is preparing a class action seeking recovery of investor losses.

Key Points: 
  • The Rosen Law Firm is preparing a class action seeking recovery of investor losses.
  • WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=13327 or call Phillip Kim, Esq.
  • The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation.
  • 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017.

'Dismissed': legal experts explain the judgment in the Ben Roberts-Smith defamation case

Retrieved on: 
Friday, June 2, 2023

The civil trial ended in July 2022 after an astonishing 110 days of evidence and legal submissions.

Key Points: 
  • The civil trial ended in July 2022 after an astonishing 110 days of evidence and legal submissions.
  • Besanko determined the newspapers did establish the “substantial truth” of some of the allegations, though not of others.
  • Read more:
    A win for the press, a big loss for Ben Roberts-Smith: what does this judgment tell us about defamation law?

Substantial and contextual truth

    • Besanko also found allegations of bullying by Roberts-Smith to be substantially true, but did not find that the newspapers had established the substantial truth of the domestic violence allegations.
    • The “contextual” truth changes came in a push to have uniformity in defamation laws back in 2005.
    • Under the law, they needed only to show the “substantial” truth of what they had alleged.
    • Because the papers were able to establish the substantial truth of key aspects of the reporting, Roberts-Smith’s case failed.

What happens next?

    • The newspapers requested three weeks to consider how much to seek for costs and third-party costs.
    • There’s little doubt that both sides have each spent millions on their respective legal teams.

A win for the press, a big loss for Ben Roberts-Smith: what does this judgment tell us about defamation law?

Retrieved on: 
Thursday, June 1, 2023

An appeal may still be on the cards, but this is a high-profile loss for a very prominent person.

Key Points: 
  • An appeal may still be on the cards, but this is a high-profile loss for a very prominent person.
  • More broadly, this case shows how hard it is to use defamation law to repair any perceived damage to your reputation.
  • Read more:
    Why defamation suits in Australia are so ubiquitous — and difficult to defend for media organisations

What was this case about?

    • The case centred on several defamatory meanings (or, as they’re known in defamation law, “imputations”) that Roberts-Smith said the papers had made against him.
    • Among these were that he’d killed unarmed Afghan male prisoners and ordered junior soldiers to execute others in Afghanistan between 2006 and 2012.
    • That means to win this case, they needed to prove the meanings conveyed by their reporting – even if those meanings were unintended – were true.
    • Besanko, reading a summary judgment today, said the newspapers were able to establish the substantial truth of some of the most serious imputations in the case.

What does this case tell us about defamation in Australia?

    • But the fact this widely scrutinised case yielded such astonishing testimony, day in and day out, shows how risky it is to use defamation law to restore perceived injury to one’s reputation.
    • Defamation law is seeking to correct people’s views about the plaintiff.
    • But it’s open to doubt that defamation law is actually any good at securing its own stated purpose of changing people’s minds about the plaintiff.

The 2021 defamation law reforms

    • The law that applies in the Roberts-Smith case is the defamation law we had before major reforms introduced in July 2021 across most of Australia.
    • These reforms introduced a new defence known as the public interest defence.
    • If a case like this were litigated today following these reforms, it is highly likely the publisher would use the new public interest defence.

Texas Dairy Queen Operators’ Council Is Looking for the Biggest DQ Fan in the Lone Star State

Retrieved on: 
Tuesday, May 30, 2023

Key Points: 
  • View the full release here: https://www.businesswire.com/news/home/20230530005235/en/
    Texas Dairy Queen Operators’ Council is scouring the Lone Star state in search of “The Biggest Fan in Texas.” DQ fans can make their case as to why they are “The Biggest Fan in Texas” by visiting dqtexas.com/biggestdqfan.
  • “DQ restaurants in Texas have been enjoyed by fans for more than 75 years,” says Lou Romanus, CEO of the Texas Dairy Queen Operator’s Council.
  • As we search the Lone State, where will we find The Biggest DQ Fan in Texas?
  • Whatever their story, the Texas Dairy Queen Operators’ Council wants to find the number one fan in Texas.

Videotron wins copyright infringement case against three tech firms and a shareholder

Retrieved on: 
Monday, May 29, 2023

In a decision handed down on May 26, the Court ordered the three companies, as well as Jean-François Rousseau, a shareholder in two of the companies, to pay $553,000 in joint and several damages for copyright infringement.

Key Points: 
  • In a decision handed down on May 26, the Court ordered the three companies, as well as Jean-François Rousseau, a shareholder in two of the companies, to pay $553,000 in joint and several damages for copyright infringement.
  • The Court also issued a permanent injunction requiring the defendants to immediately cease carrying TVA Sports.
  • A defamation suit brought by Videotron against the same companies is still before Superior Court.
  • (paragraph 73)
    "First, they [the defendants] started operating their business before ensuring that they had obtained the necessary rights and authorizations.

ROSEN, Leading Investor Counsel, Encourages Fox Corporation Investors to Inquire About Class Action Investigation - FOX, FOXA

Retrieved on: 
Sunday, May 21, 2023

The Rosen Law Firm is preparing a class action seeking recovery of investor losses.

Key Points: 
  • The Rosen Law Firm is preparing a class action seeking recovery of investor losses.
  • WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=13327 or call Phillip Kim, Esq.
  • The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation.
  • 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017.

FOX, FOXA LOSS ALERT: ROSEN, A LEADING NATIONAL FIRM, Encourages Fox Corporation Investors to Inquire About Class Action Investigation – FOX, FOXA

Retrieved on: 
Thursday, May 25, 2023

The Rosen Law Firm is preparing a class action seeking recovery of investor losses.

Key Points: 
  • The Rosen Law Firm is preparing a class action seeking recovery of investor losses.
  • WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=13327 or call Phillip Kim, Esq.
  • WHAT IS THIS ABOUT: In the wake of the 2020 U.S. Presidential Election, Dominion Voting Systems sued FOX for defamation.
  • 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017.

GPS Air® Files a Motion to Amend Complaint Against Elsevier, Seeking Damages in Excess of $1.8 billion

Retrieved on: 
Thursday, May 25, 2023

CHARLOTTE, N.C., May 25, 2023 /PRNewswire/ -- On May 24, GPS Air ("GPS") filed a motion to amend its civil complaint for defamation and unfair and deceptive trade practices in the United States District Court for the Western District of North Carolina against Netherlands-based publishing company Elsevier for publishing and disseminating a false and misleading study involving GPS's Needlepoint Bipolar Ionization ("NPBI™") technology. The amended filing can be found at https://gpsair.com/uploads/applications/GPS-v-Elsevier.pdf. This is an amendment to the original complaint dating back to January 26, 2022.

Key Points: 
  • The motion to amend the complaint includes new detail of publishers conduct leading to extraordinary company harm and damages greater than $1.8 billion.
  • This is an amendment to the original complaint dating back to January 26, 2022.
  • The Article has been weaponized by GPS's competitors to help create what they termed "bipolar backlash" to undermine GPS's technology.
  • GPS has suffered losses as a result of Elsevier's defamatory publication of over $1.8 billion."