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Message: <blockquote data-quote="Snarf Zagyg" data-source="post: 9459359" data-attributes="member: 7023840">Okay, so I did a quick dive into one issue because it was bugging me and I had noted it in the above essay.In the district court's opinion, we see the following:Opinion pp. 23-25. This was the part I was worried about. This is addressed in the brief (pp. 46-48).So I went ahead and looked at the cases cited. First thing I noticed- Lanasa is almost entirely citing state court cases, and some of them are just trial court opinions. Uh oh.Then I actually went and looked at the major cite from the district court's opinion - Tannerite Sports, LLC v. NBCUniversal News Grp., 864 F.3d 236, 246–47 (2d Cir. 2017). You can look at it as well, here-[URL unfurl="true"]https://scholar.google.com/scholar_case?case=18098386201453137093&q=864+F.3d+236&hl=en&as_sdt=40006[/URL]So now we get back into that Erie issue- we are applying Federal procedure (pleading standards) to the New York law. Under New York law, falsity is an element that must be plead. And if you file a complaint in federal court, you must plead sufficient facts for each element of the claim (this is valled the Iqbal/Twombly standard). So when you plead a New York defamation claim in federal court, you cannot just say that the statement is false, you ALSO have to provide factual allegations that would allow a reasonable person to think it is false."Because falsity is an element of New York's defamation tort, and "falsity" refers to material not substantially true, the complaint in this case must plead facts that, if proven, would establish that the defendant's statements were not substantially true."  Tanner Sports, 864 F. 3d at 247. Now that I have seen this, I think that Lanasa really didn't understand the problem with the claim. Arguing state court cases is precisely the wrong way to do it. Because the problem is that you have to hit the federal pleading standard, which he didn't. The more I look, the worse it is. IMO.</blockquote>

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