July 15, 2013

Defamation involving a matter of public concern.

Practice point:  When the alleged defamation arguably involves a matter of public concern, a private plaintiff must prove that the media-defendant acted in a grossly irresponsible manner without due consideration for the standards of information gathering and dissemination ordinarily followed by responsible parties.

Student note: Under the gross irresponsibility standard, a publisher must use verification methods that are reasonably calculated to produce accurate copy.

Case:  Matovick v. Times Beacon Record Newspapers, NY Slip Op 05051 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue: Moving for summary judgment in a legal malpractice action.