SDNY COURTHOUSE, Oct 5 – In the libel case by
Matt Taibbi against Eoin Higgins and Hachette Book Group
over the book "Owned," an oral argument on the defendants'
motion to dismiss on First Amendment grounds was held on
March 25 by U.S. District Court for the Southern District
of New York Senior Judge George B. Daniels.
Inner City
Press was there, one of only four people in the courtroom
gallery (the other three were court staff) and live
tweeted, here
and some below followed by an extra.
On May 5, Judge Daniel
dismissed the case, saying no defamatory statement had
been alleged. 13 page order on Patreon here.
On June 2, Taibbi's
Florida-based lawyer filed opposition to the defense's
motion for $178,732.50 in attorneys' fees, saying that
312.90 hours billed was too much, at the partner rate of
$675 - $735 per hour and associate rate of $460-$545 per
hour. [This from a firm that, in Inner City Press'
recent experience, does not even respond to or acknowledge
request for pro bono First
Amendment representation.] As Inner City Press has
previously reported, there are arguments, and
Circuit-splits, on the applicability of states' anti-SLAPP
laws. Our view: there is a need for a Federal anti-SLAPP
statute.
On October 5,
discussion before the Magistrate Judge about attorney's
fees, here:
Counsel for Higgins: If
the case is meritless, or in this case doesn't survive a
motion to dismiss, the same thing
Taibbi's lawyer:
12(b)(6) dismissal doesn't automatically trigger fee
shifting. That's an extraordinary remedy.
Magistrate Judge: Thank
you, I will rule in due course
From March 25:
Judge Daniels: What's
the most defamatory statement you've got?
Garson: The cover. Bought. Owned. Cashing in. That he says
he will follow the money and name names.
Judge: It's
hyperbole.
Judge Daniels: If I
saw, Mr. Garson is bought by the plaintiffs' bar, is that
defamatory?
Garson: If someone says, that judge is bought by the
Mafia, it's defamatory
Judge: I'm not so sure. Why did they write the book?
Garson: To make money
Judge: Exactly (laughs)
Garson: Pardon the pun,
but it's a hatchet job, a Hachette job - this is unique. I
acknowledge that a headline and an article can differ
Judge: You're not complaining about the content of the
book.
Garson: Inside cover. An article you can see right away. A
book?
McNamara: Meanings are
developed through context. New York has a heightened
standard. You had a case about Michael Lewis' book, you
found that "moron" was opinion and not actionable. You
were affirmed by the 2d Circuit. Here, the plaintiff does
not like the cover
Judge Daniels: OK, I
will get back to you [Inner City Press remained on alert
for his ruling and first reported it]
Extra / analysis on X
for Subscribers here
and Substack
here
The case is Taibbi v. Higgins, et al.,
1:25-cv-9511 (Daniels / Lehrburger)
