1

Interestingly, California seems to a place where it's harder to win a defamation lawsuit because the 9th Circuit has more or less "overridden", or at least issued a more clear test of opinion-vs-fact (in Standing Committee v. Yagman, 55 F.3d 1430, 1439, 9th Cir. 1995) compared the SCOTUS' much debated (and criticized) Milkovich v. Lorain Journal Co., 1990. Facebook/Meta's motion to dismiss specifically quotes from Standing Committee v. Yagman in their defense that FB fact-check labels are "protected opinion" (under the 9th Circuit) even though SCOTUS might not recognize that category as such/distinct.

So, I'm curious to know: does a resident of New York like Stossel has any choice of where to sue a company like Facebook/Meta for defamation? Or are they are forced to sue them in the company's home state, in this case California? (I've looked at a 2019 review, but it's unclear to me what the situation is like in the 2nd Circuit, which covers New York. So, venue may or may not make a difference, in this case. But some [Bill Cosby] "liar" lawsuits that were barred in the 3rd circuit were allowed in the 1st, for instance. Which seem at least vaguely relevant in that they involved labelling, albeit someone, rather than a just a statement.)

0

You must log in to answer this question.

Browse other questions tagged .