By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, Feb 8 – In the case of Sarah Palin versus New York Times and James Bennet, on July 24, 2020 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held oral arguments. Inner City Press live tweeted them - and now the 2022 trial, below.
On August 28, 2020 Judge Rakoff issued an order denying summary judgment and finding, inter alia, that "there "there is sufficient evidence to allow a rational finder of fact to find actual malice [by NYT / Bennet] by clear & convincing evidence." So, trial. Inner City Press will cover it - having previously reported Judge Rakoff jokingly perhaps offering that time slot to a criminal case and saying, Ms. Palin may just have to wait.
It was set to start on January 24, 2022. But as tweeted by Inner City Press, "Sarah Palin v. NYT will NOT start today. Palin has tested positive for COVID three times. Judge Rakoff says she can return for trial on February 3, unless she is showing symptoms."
On February 3 the trial started. Inner City Press live tweeted it, thread here.
On February 7, after this song things proceeded, with Inner City Press live tweeting, thread here.
Early on February 8, Palin's lawyers put in a memo on their entitlement to punitive damages: "At the February 7, 2022 Charging Conference, Defendants suggested certain changes to the Court’s proposed jury instruction on punitive damages based on Morsette v. “The Final Call,” 309 A.D.2d 249, 254 (1st Dep’t 2003). Specifically, Defendants claim Plaintiff is only entitled to punitive damages if she proves that the Defendants’ “sole motivation in publishing the challenged statements was hostility toward and a desire to injure the plaintiff.” See Defendants’ Proposed Revisions to Instruction No. 17 (provided at the Feb. 22nd Charging Conference). Defendants’ proposed revision improperly seeks to limit the grounds upon which Plaintiff can prove her entitlement to punitive damages and flies in the face of well-established law. As recognized by the Second Circuit in DiBella v. Hopkins, 403 F.3d 102, 122 (2d Cir. 2005), “[u]nder New York law, punitive damages in a defamation case are justified “‘to punish a person for outrageous conduct which is malicious, wanton, reckless, or in willful disregard for another's rights.’” (quoting Prozeralik, 82 N.Y.2d at 479–80) (emphasis added); see also Celle v. Filipino Reporter Enterprises Inc., 209 F.3d 163 (2d Cir. 2000) (“all of the relevant circumstances surrounding the dispute” should be considered in establishing entitlement to punitive damages)."
Back on January 19 the New York Times filed its proposed questions for jurors, including "do any of you believe that the New York Times has a bias against certain political parties or issues?"Also, do you know Ross Douthat? Andrew Sullivan? Robert Semple?
On January 20, Sarah Palin's lawyers filed their proposed questions, including "Have you followed any recent high profile court cases closely?" Can you say, Ghislaine Maxwell? We'll be there.
On January 17 - MLK Day - the New York Times filed a request that juror before opening statements be read a statement including that "Plaintiff claims that two statements in the Editorial falsely communicated to readers that she directly caused Jared Loughner to shoot people in Arizona in 2011." Then, the cross-hairs. Watch this site.
On January 11, Judge Rakoff convened a pre-trial session. Inner City Press live tweeted it here.
The case is Palin v. The New York Times Company, 17-cv-4853-JSR (Rakoff)
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