Tag: anti-slapp
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Public figures have limited path to sue over accusations of criminality, says appeals court
Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Colorado justices lay down framework for analyzing defamation lawsuits involving ‘public interest’ issues
The Colorado Supreme Court clarified on Monday how judges should evaluate whether lawsuits arising from a person’s speech — in particular, online consumer reviews — are connected to an “issue of public interest” and merit protection from legal liability. As part of the framework, the justices concluded a person’s motive in speaking is irrelevant to…
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Appeals court dismisses state contractor’s defamation suit against Denver7
Colorado’s second-highest court agreed earlier this month that a former vaccine distribution contractor for the state failed to show Denver7 should be liable for defamation through its series of stories about the company’s problems. Between 2021 and 2022, Denver7 published four articles describing employees of Jogan Health, LLC not receiving payments, false statements in Jogan…
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2 appeals judges warn of diverging interpretations to Colorado’s free speech protection law
Two members of Colorado’s second-highest court warned in separate cases on Thursday that they believe judges are drifting away from the legislature’s directive for evaluating whether defamation lawsuits should be dismissed under a 2019 law designed to protect free speech. More than two years ago, Judges Ted C. Tow III and Michael H. Berger were…
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Defamation suit may proceed against conservative radio outlet, talk show host: appeals court
A former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against the owner of a conservative talk radio station and one of its hosts, Colorado’s second-highest court ruled on Thursday. The latest in a string of recent decisions favoring plaintiff Eric Coomer, a three-judge panel for the Court of Appeals concluded Coomer…
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Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
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Appeals court green-lights ex-Dominion executive’s defamation claim against Rudy Giuliani
Colorado’s second-highest court agreed on Thursday that a former executive of Denver-based Dominion Voting Systems may proceed with a defamation claim against Rudy Giuliani for his unproven accusations of election rigging in the 2020 presidential race. The decision by a three-judge panel of the Court of Appeals mirrored a more comprehensive opinion issued in April,…
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Colorado Supreme Court accepts cases on DNA exoneration, medical negligence, online reviews
The Colorado Supreme Court announced this month it will hear appeals in four cases, including one that questions the level of detail a convicted defendant must provide when asserting the existence of DNA evidence that could exonerate him. At least three of the court’s seven members must agree to take up an appeal. The justices…
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Appeals court permits claim to proceed against 9News for security guard shooting
Colorado’s second-highest court on Thursday concluded 9News can be held liable for the actions of a security guard who accompanied a producer during an October 2020 rally in downtown Denver and ended up fatally shooting a man after a brief confrontation. At the same time, a three-judge panel for the Court of Appeals agreed 9News…
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Appeals court rules Colorado free speech law applies in eviction cases, urges legislature to reconsider
Colorado’s second-highest court ruled for the first time last week that a 2019 law intended to protect First Amendment activity from litigation does apply to eviction proceedings and to claims across the board, not simply to defamation lawsuits. However, in an unusual move, a three-judge panel for the Court of Appeals explicitly called on lawmakers…