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New York commercial litigator Daniel Kron, Esq - logo
FROM BOARDROOM TO COURTROOM, Kron TAKES CARE OF BUSINESS

NY Times Counter-Sues After Frivolous Defamation Lawsuit Dismissed

Back in 2020, Peter Brimelow was becoming increasingly concerned about the media’s portrayal of his image. According to Brimelow, at least five articles were published between Jan. of 2019 and May of 2020. In these articles, he was described as a “white nationalist,” who was “animated by race hatred.” These reportedly defamatory claims didn’t go unnoticed by Brimelow, and he decided to pursue a lawsuit against the New York Times for publishing the unfounded claims.

At the time of the lawsuit, New York had just expanded its Anti-SLAPP laws, so Brimelow’s lawsuit was ultimately dismissed on the basis that the New York Times is entitled to use their rights to free speech.

The New York Times, the defendant in the lawsuit, explained that the Anti-SLAPP laws and ultimate dismissal of the case were important steps in protecting companies from defamation claims. Now that a few years have passed, the company has decided to take further legal action.

Now, the New York Times will be flipping the script and will pursue a case against Peter Brimelow in a first of its kind. The company hopes to reclaim the costs of defending itself from the defamation claim brought against them.

What is the Anti-SLAPP Law?

SLAPP stands for “Strategic Lawsuit Against Public Participation,” and it was signed into law by former Governor Andrew Cuomo. Anti-SLAPP laws were signed into place to prevent and discourage citizens from filing lawsuits regarding the exercising of First Amendment free speech rights.

In 2022, such legislation is paramount because more and more citizens are seeking out frivolous lawsuits regarding protected speech. Anti-SLAPP laws allow defendants to file a motion to strike the lawsuit on the basis of free speech. Courts, unless they’re overbooked, will need to analyze the motion within 30 days. In many cases, this leads to the original lawsuit getting dismissed without further wasting time, money, and effort.

New York isn’t the only state with this type of legislation, either. By 2021, about 31 states had adopted this type of law, and many more are likely to follow suit in the coming years.

Do You Need a Solid Business Lawyer on Your Side?

In 2022, businesses are held to a near-impossible standard. Consumers expect businesses to be socially conscious, fair, equitable, and caring, too. While not all these expectations are embedded into the law, some of them are. If you’re currently a business owner or you’re hoping to become one, then hiring a business law attorney is a crucial part of protecting your company from frivolous lawsuits, like ones regarding your rights to free speech.

Knowing you need a business lawyer and securing a quality one for your company are two different things. Finding a skilled and competent lawyer will take some time and research. The good news is that if you’re located in New York, then you won’t have to go far. You’ve landed on the webpage of one of the state’s leading business litigation lawyers.

Contact Kron Law Firm now to discuss your business’s legal needs in more detail with our attorneys.

© 2020 Daniel Kron., all rights reserved


New York commercial litigator Yulia Vangorodska, Esq - logo

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