Montgomery v. Risen, No. 16-7096 (D.C. Cir. 2017)Annotate this Case
Plaintiff filed suit alleging that author James Risen, together with publishers, made false and damaging statements about plaintiff in a book. A chapter of the book focuses on software that plaintiff pitched to the United States as a counterterrorism tool, but that ultimately was widely seen as a "hoax." The DC Circuit affirmed the district court's grant of summary judgment for defendants where plaintiff failed to put into the record any evidence that would permit a factfinder to evaluate the legitimacy of his bare assertions. In this case, plaintiff produced virtually no evidence of the software's functionality to factually rebut Risen's statements that it never worked as plaintiff said it did.