NEW YORK, NY – July 30, 2021 – Global law firm Greenberg Traurig, LLP successfully represented Gannett Satellite Information Network, LLC d/b/a/ USA Today against tortious interference with contract and unfair competition claims brought by plaintiff Candace Owens. On July 20, 2021, a decision in Delaware Superior Court granted USA Today's motion to dismiss.
“This significant decision rules for our client on a First Amendment issue of first impression in Delaware, and addresses important issues relating to when a party’s Internet presence is sufficient to confer personal jurisdiction under Delaware’s long-arm statute,” said Litigation Practice Shareholder Michael J. Grygiel, who led the Greenberg Traurig attorney team comprising Shareholders Cynthia L. Neidl and Steven T. Margolin, Of Counsel Michael Pusateri, and Associate Samuel L. Moultrie.
In the case, Owens complained about a fact-check article published by USA Today challenging/criticizing her use of annual influenza and COVID statistics in an online post in which she questioned the seriousness of the pandemic and claimed the government's response to the pandemic was exaggerated. More specifically, Owens alleged that USA Today's publication of the fact-check article tortiously interfered with her contractual advertising relationship with the social media platform on which her post appeared by resulting in her demonetization by the platform.
USA Today argued that Owens’ allegations established her as a public figure, and that she could not circumvent the First Amendment's protection for USA Today's article addressing a matter of paramount public concern where those allegations failed to establish either falsity or publication with actual malice. The court dismissed the complaint on constitutional free-speech grounds.
About Greenberg Traurig’s Litigation Practice: Greenberg Traurig’s Litigation Practice includes a team of more than 600 attorneys. The firm’s trial lawyers regularly appear in state and federal courts throughout the country, as well as in appellate courts and before international arbitration panels. They work closely with in-house counsel to develop a strategy that best fits a litigation cost and proficiency model appropriate to the client’s unique needs and goals.
About Greenberg Traurig: Greenberg Traurig, LLP (GT) has approximately 2200 attorneys in 40 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. The firm is net carbon neutral with respect to its office energy usage and Mansfield Rule 3.0 Certified. Web: www.gtlaw.com