Bruce Rosen Authors Article for New Jersey Law Journal “Public Defamation Suits Face Higher Hurdles in New Jersey”
Bruce S. Rosen, Partner at Pashman Stein Walder Hayden P.C., recently authored an article for the New Jersey Law Journal titled “Public Defamation Suits Face Higher Hurdles in New Jersey.” The article discusses Strategic Lawsuits Against Public Participation (“SLAPP suits”) and the New Jersey Appellate Division’s recently decided Neuwirth v. State, (Aug. 2, 2023), a published decision requiring plaintiffs in all “public concern” defamation cases, and not just those where the media is a defendant, to plead specific facts supporting an allegation of actual malice, which is often a difficult proposition.
“The new anti-SLAPP law creates a mechanism for expedited resolution of a defamation or ancillary tort designed to quiet public debate, featuring a presumptive stay, interlocutory appeal as of right and attorneys’ fees; every element must be demonstrated or the case cannot proceed. Neuwirth’s requirements will only make the anti-SLAPP law even tougher to withstand because plaintiffs will now be required to plead specific facts in support of actual malice. Together these events have the potential to deal most public defamation suits in New Jersey a knockout punch,” writes Rosen.
To read the full article, click here.