On September 19th, the Second Circuit announced its panel decision reinstating the suit by the individual fraternity brothers. Two days earlier, Jann Wenner, who for decades has refused to give up control of the magazine he c…
Actually, it reinstated the suit in part. It affirmed the trial court’s dismissal of the claims of defamatory statements made by Sabrina Erdely during a podcast with Slate. It also dismissed one of the three plaintiff’s individual claims, but as it reversed the trial court’s dismissal of the small group defamation theory, his claim can still move forward as a member of a small group. More on that theory in a moment.
Full text of the majority opinion is here.