Haynes and Boone in Law360: NYT Gets Defamation Suit Over Firebomb Plot Nixed


NEW YORK - A Texas appeals court on Wednesday rejected a professed anarchist-turned-paid government informant's bid to revive a defamation suit against the New York Times over an article about his involvement in a plot to firebomb police cars outside the 2008 Republican National Convention.

The Seventh Court of Appeals ruled in a split opinion that a lower court rightfully dismissed Brandon Darby's defamation case against New York Times reporter James C. McKinley Jr. on the grounds that the existence of actual malice could not be proved...

“The trial court did not err in granting McKinley and his employer summary judgment on the issue of actual malice,” the opinion, penned by Chief Justice Brian Quinn, said. “This coupled with Darby's undisputed status as a public figure relieves us from having to address any other issue raised by appellant...”

The New York Times and McKinley are represented by Laura Lee Prather and Catherine Robb of Haynes and Boone, LLP.

Excerpted from Law360. To view full article, click here (subscription required).

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