Court revives Sarah Palin lawsuit against New York Times | Wilnesh News

A federal appeals court on Wednesday overturned a decision to dismiss an appeal for the second time defamation action Former Alaska Governor Sarah Palin objects new york timesand ordered a retrial of the case.

Palin, the 2008 Republican vice presidential nominee, claims she has been slandered by some. Times editorial In 2017, it alluded to the 2011 shooting of then-Rep. Arizona’s Gabby Giffords has been linked to a digital image released by Palin’s political action committee last year.

U.S. Court of Appeals for the Second Circuit Palin’s lawsuit was first dismissed in 2019 by Manhattan federal judge Jed Rakoff, who ruled that Palin did not sufficiently assert a claim of “actual malice” in the complaint.

On Wednesday, the same appeals court said Rakoff again erred during jury deliberations at a February 2022 trial in the lawsuit, ruling in favor of The New York Times and finding that No reasonable jury could have found that the Times had motive and dismissed the complaint.

Rakoff told attorneys he would dismiss the lawsuit only after the jury reaches a verdict. Jurors later ruled that The New York Times was “not responsible” for the charges.

In Wednesday’s ruling by the appeals court, the three-judge panel said Rakoff’s decision to dismiss the lawsuit “improperly intruded on the jury’s authority by making a credibility determination.”

In its decision, the appeals panel also cited “several significant issues at trial,” including “erroneous exclusion of evidence and inaccurate jury instructions,” Rakoff’s “legally incorrect responses” to juror questions and “Jurors learn as they deliberate,” Rakoff dismissed.

“The jury is sacrosanct in our legal system and we have a duty to protect its constitutional role, both by ensuring that its role is not usurped by judges and by ensuring that juries are provided with relevant evidence and properly instructed on the case. .

“Accordingly, based on this opinion, we dismiss and remand the proceeding, including a new trial.”

“This decision is disappointing,” New York Times spokesman Charlie Statrand said in a statement.

“We are confident that we will prevail at a retrial,” Statlander added.

Sean Vogt, the attorney representing Palin in the appeal, said in a statement, “Governor Palin is very pleased with today’s decision, which is the first step in holding publishers accountable for content that misleads readers and the public.” important step.

“The truth should have a level playing field, and Governor Palin looks forward to presenting her case to a jury that will, in accordance with the Second Circuit Court of Appeals’ opinion, ‘be presented with the relevant evidence and be appropriately instructed by the law,'” Vogt said.