Tuesday, September 02, 2025

Eleventh Circuit Affirms CNN Summary Judgment Win

 By John R. Byrne

Some time ago, we covered Judge Singhal's grant of summary judgment to CNN in the defamation lawsuit filed against the network by Alan Dershowitz. The 11th Circuit just drove another nail into the lawsuit's coffin, affirming that order. The Court held there was no evidence that the reporters had spoken with actual malice (to the contrary, the Court noted that the evidence indicated that the reporters believed in the truth of their statements).

Perhaps more interesting, though, were the concurring opinions, written by Judges Lagoa and Wilson, which discussed the New York Times Co. v. Sullivan standard applicable to defamation cases. In short, Judge Lagoa doesn't like it, Judge Wilson does.  

Opinion here