In a recent decision in a defamation case filed against a Gannett-owned publication and the Associated Press, the Seventh Circuit rejected what it dubbed a “novel interpretation” of an established legal principle, instead upholding the doctrine known as the “single publication rule.”
The U.S. Court of Appeals for the Seventh Circuit in an opinion published August 31 affirmed the United States District Court for the Southern District of Indiana’s dismissal of the libel suit that the plaintiff, the National Police Association (“NPA”), brought against the media outlets. The Court ultimately noted that there was “no basis for the NPA’s theory of liability.”
The case originated in 2019 when the Indianapolis Star and the Associated Press published articles about police departments across the country warning via social media constituents about fundraising “scams” claiming to raise money for the departments. The posts referred to NPA solicitations, and the articles featured statements from officials characterizing the NPA’s efforts as misleading to the public.Continue Reading 7th Circuit Rejects “Novel Interpretation” of Restatement, Upholds Single Publication Rule
Is the right to compel arbitration waived only when the plaintiff can show prejudice from the defendant’s inconsistent actions and delay? In Morgan v. Sundance, Inc., No. 21-328 (2022), the Supreme Court found that the Federal Arbitration Act (“FAA”) does not permit courts to create tests to favor arbitration over litigation, and that a showing of prejudice is not required for a claim of waiver.