Practice point: A public official-plaintiff’s claim will be dismissed unless it is alleged that defendant acted with actual malice, which means with knowledge that the statements at issue were false, or with reckless disregard of whether they were false. “Reckless disregard” is a term of art which means a high degree of awareness of probable falsity.
Practitioners should note that a private person-plaintiff may plead the lower standard of gross irresponsibility.
Case: Rivera v. Time Warner Inc., NY Slip Op 08539 (1st Dept. 2008)
The opinion is here.
