Block v. Tanenhaus, No. 16-30966 (5th Cir. 2017)Annotate this Case
Plaintiff appealed the district court's dismissal of his defamation and false light claims against the New York Times (NYT) and two of its authors, under Louisiana's anti-SLAPP statute (Article 971). Plaintiff, an economics professor, alleged that the NYT misrepresented his statements in an article that attributed racist views to libertarian scholars. The Fifth Circuit reversed and remanded, holding that plaintiff has created a genuine issue of material fact as to the falsity of the NYT article; dismissal for failure to create a fact issue as to actual malice was premature; and dismissal for failure to create a genuine fact issue as to whether the article had a defamatory meaning was premature.