Plaintiff was not entitled to summary judgment of actual malice where jury could either find that information provided to news organization was conclusive of the truth or self-serving, creating a genuine issue of material fact as to whether the outlet recklessly disregarded the truth; however, there was insufficient evidence of a primary purpose to harm plaintiff, precluding a showing of express malice.

Appeals & Motions List released on:November 30, 2023

Appeals & Motions List released on:June 27, 2023

Court denied motion to dismiss a defamation claim filed against defendant news agency on the grounds that plaintiff properly pled that defendant made false statements with actual malice.

Appellate Division, Second Department: March 3, 2021

Appellate Division, First Department: February 25, 2021

The court granted defendant's motion for a stay, because this case was contemporaneously filed with another proceeding, and the parties were more naturally aligned in the other proceeding.

Appellate Division, Second Department: May 16, 2018

Cite as: In Re Aluminum Warehousing Antitrust Litigation, 13-md-2481 (KBF), NYLJ 1202668967193, at *1 (SDNY, Decided August 29, 2014) 13-md-2481 (KBF) D

The Court of Appeals overruled Kent v. A. O. White Jr., Consulting Engineers PC, A01A0756 1/29/02, 02 FCDR 374, to the extent that it held that the Georgia Supreme Court adopted the standard set for