Kahl v. Bureau of National Affairs, No. 16-7033 (D.C. Cir. 2017)Annotate this Case
The DC Circuit reversed the denial of summary judgment to BNA and remanded with directions that the district court grant summary judgment to BNA on plaintiff's defamation claims. Plaintiff was convicted of murdering two U.S. Marshalls, and BNA subsequently summarized plaintiff's mandamus petition in one of its publications. Plaintiff filed suit against BNA for falsely reporting that the sentencing judge had said that plaintiff lacked contrition and believed the murders were justified. The DC Circuit held that the inaccuracy of the report alone does not constitute sufficient evidence of actual malice for plaintiff to overcome summary judgment, and the remaining evidence in the record does not suffice for plaintiff to overcome summary judgment.