ToplineA federal judge dismissed Friday's defamation suit against Michael Avenatti by Fox News. He ruled that the network did not defame Avenatti, an embattled attorney who is also outspoken Trump foe. The network reported on Avenatti's 2018 arrest for domestic violence suspicions.Following a court proceeding concerning the search warrants... [+] issued to President Donald Trump's long-time personal attorney Michael Cohen in New York City on April 13, 2018, Michael Avenatti spoke with reporters. Getty ImagesThe Key FactsAvenatti sued Fox News for $250 million last year. He claimed the network reported that he was charged in 2018 with domestic violence. However, he was actually arrested and never charged. This was a false statement and a misreporting of an accusation is not defamation. Bibas also wrote that news outlets are not liable if they make minor errors, particularly when they report on public figures or matters of concern. Bibas said that Avenatti did not show Fox had acted recklessly disregarding the truth, which is a hard-to-attain standard called actual malice. A Fox News spokesperson stated that the network was pleased with the decision. Forbes reached out to Avenattis lawyer for comment.Important QuoteAvenatti is not happy with the Fox News coverage of his arrest. He cannot ignore the truthfulness of Fox's coverage of his arrest. Avenatti was arrested for domestic violence suspicions, Bibas stated in Friday's opinion.What to WatchBibas dismissed Avenattis suit without prejudice, so he is allowed to refile it.Important BackgroundAvenatti rose in fame as a representative of Stormy Daniels, an adult film actress. He sought to end a confidentiality agreement that prohibited her from discussing a sexual relationship she claims she had with former President Donald Trump. Avenatti was portrayed as a vocal Trump foe. He appeared regularly on cable news to criticize Trump and sought to end a nondisclosure agreement that prohibited her from discussing a sexual relationship she claims she had with former President Donald Trump. He was convicted of trying extort Nike earlier this year and sentenced to 30 month in prison. Avenatti is currently being tried for embezzling money from several former clients. Another trial on charges that he stole Daniels book advance will be held next year.Surprising FactThis is not Avenatti's first venture into defamation law. After Trump's questioning of her account about a threatening interaction related to their alleged affair, he represented Daniels in a 2018 lawsuit for defamation. Daniels informed media outlets that Avenatti filed the defamation suit against her will after she dismissed the suit.TangentJudges are not hesitant to dismiss defamation cases that have high profile. The landmark New York Times v. Sullivan Supreme Court decision requires public figures to prove that a defendant has made a false claim and that they acted recklessly in disregard of the truth. Judges dismissed numerous lawsuits filed by Trump (R-Calif.), and Rep. Devin Nunes against CNN, Washington Post, and other news outlets over the past year. Sometimes, however, lawsuits survive the motion to dismiss stage. This week, one Nunes suit against the Post was allowed.Continue readingMichael Avenatti Sentenced to 30 Months in Prison for Nike Extortion Case (Forbes).
