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    Sarah Palin suit against NY Times still alive: Appeals Court denies Rehearing of Order reinstating case

    Sarah Palin suit against NY Times still alive: Appeals Court denies Rehearing of Order reinstating case

    Lawsuit over false claim that Palin’s 2011 electoral map was connected to the shooting of Gabby Giffords — something the Times repeated in June 2017 even though the claim was known to be false.

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    When we last checked in Sarah Palin’s lawsuit against the New York Time over false claims that Palin’s 2011 electoral map was connected to the shooting of then congresswoman Gabby Giffords, the lawsuit had been reinstated by a panel of the 2nd Circuit Court of Appeals, after a trial court dismissal.

    For full background on the false claims, the lawsuit, the trial court dismissal, and the 2nd Circuit reinstatement, see our August 6, 2019, post, Sarah Palin defamation lawsuit against NY Times reinstated by appeals court. The Court ruled, in pertinent part:

    This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards. Sarah Palin appeals the dismissal 4 of her defamation complaint against The New York Times (“the Times”) for failure to state a claim. The district court (Rakoff, J.), uncertain as to whether Palin’s complaint plausibly alleged all of the required elements of her defamation claim, held an evidentiary hearing to test the sufficiency of Palin’s pleadings. Following the hearing, and 9 without converting the proceeding to one for summary judgment, the district court relied on evidence adduced at that hearing to dismiss Palin’s complaint under Federal Rule of Civil Procedure 12(b)(6). We find that the district court erred in relying on facts outside the pleadings to dismiss the complaint. We further conclude that Palin’s Proposed Amended Complaint plausibly states a claim for defamation and may proceed to full discovery.

    Subsequently, the Times filed a Petition for Rehearing, and Rehearing En Banc (pdf.) Rehearing en banc would be by the full court, not just the three judges on the original panel.  (Side note, The Times was represented by the same lawyers from Ballard Spahr law firm Oberlin College recently hired for its appeal of the Gibson’s Bakery case.) The Times was supported by a coalition of media outlets, who filed an Amicus Brief (pdf.) in support of rehearing.

    Along the way, the original panel filed an Amended Opinion (pdf.) It’s not clear to me what was amended, but the result was the same.

    A reader recently alerted me that rehearing was denied.

    By Order dated November 7, 2019, the 2nd Circuit denied rehearing or rehearing en banc:

    Appellee, The New York Times Company, filed a petition for panel rehearing, or, in the alternative, for rehearing en banc. The panel that determined the appeal has considered the request for panel rehearing, and the active members of the Court have considered the request for rehearing en banc.

    IT IS HEREBY ORDERED that the petition is denied.

    So the lawsuit goes forward.


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    If she is successful in her suit, what does that do toward all the other organizations that so thoroughly vilified her over the shooting?

    notamemberofanyorganizedpolicital | November 12, 2019 at 12:39 pm

    Go Sarah Go!

    Future President Sarah Palin!!!!!!!

      Her future is on the Women’s Mud Rasslin’ Circuit, which is actually a thing. Once AOC gets thrown out of Congress, I look forward to the matches between them in roadside taverns in the Midwest.

        pressword in reply to RandomCrank. | November 13, 2019 at 2:15 am

        Good Lord-what an inane display of infantilism. Being, clearly, obsessed with a VP candidate from 11 years ago who holds no office or influence is a sign of a desperate need for counselling-seek help

          maxmillion in reply to pressword. | November 13, 2019 at 10:40 am

          One of Sarah’s best attributes was the way her just being her made left wing heads explode like random self-popping pimples. She was a lot like Trump that way before Trump was. This guy, random crank, is a cratered out pimple.

            Barry in reply to maxmillion. | November 13, 2019 at 11:49 pm

            Oops, sorry clicked the downvote by accident.

            Was going to say yes, she does make the progs heads explode. You can always tell a leftwing commie prog by their reaction to Ms. Palin.

    maxmillion | November 13, 2019 at 10:44 am

    I hope for the best for her, but her prospects in a jury trial against the Times in Manhattan seem dubious at best. But, if she can win there, she can win anywhere, to borrow from the song.

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