Attorney Cynthia Lynn Counts's Legal Cases

Libel and slander

Obtained early dismissal in Libel claim against Utah Broadcaster

Jun 02, 2023

OUTCOME: Dismissal with prejudice

Robinson v, NEXSTAR Media, Inc., et al., Case 220900591 Salt Lake County Utah (June 2, 2023). Obtained an early dismissal with prejudice of a defamation claim against a broadcast client by the former c ... ommunications director for the Salt Lake Republican Party, on grounds that published material was protected by the Neutral Reporting Privilege, “which grants the press the freedom to accurately report serious accusations that stem from important public controversies.”

Libel and slander

Obtained early dismissal with Prejudice for Wisconsin Broadcaster

Dec 28, 2022

OUTCOME: Dismissal with prejudice

Case 2022CV001304, Dane County Wisconsin (December 28, 2022). Obtained an early dismissal with prejudice (thereby eliminating the need for expensive discovery) on behalf of a Wisconsin television stati ... on. Plaintiff had sued the station for falsely identifying Plaintiff as a different police officer, with the same name and prior employment history. Although the news report was false in that the station did misidentify the plaintiff as being a DCI agent who shot a criminal suspect in the line of duty, the Court found the misidentification was not defamatory when viewed in the full context of the News Report.

Libel and slander

Secured appellate affirmation of defamation claim dismissal

Dec 04, 2022

OUTCOME: Appellate Affirmation of trial court dismissal of defamation claim

Reilly v. WNEP A/K/A Channel 16, et al. (Superior Court Middle District, State of Pennsylvania, No 557 MDA) 2022. Secured appellate affirmation of trial court decision dismissing with prejudice a defa ... mation claim against two television reporters and their station for stories about the appellant’s social media posts surrounding the “Alt-Right Rally” in Charlottesville.

Libel and slander

Jury Verdict in Favor of Maine reporters and Newspaper

Mar 28, 2022

OUTCOME: Jury verdict in favor of reporters in defamation claim

Gaudette, et al. v Mainely Media, LLC,et al. (Superior Court of York, State of Maine, Docket No. CV-15-123) (March 28, 2022). • Obtained unanimous jury verdict in favor of a Maine newspaper and two rep ... orters accused of defamation for reporting on accusations of sexual molestation and rape by several adolescent boys (now forty to fifty-year-old men) against a former police captain.

Libel and slander

Limited purpose public figure finding disposes of libel case

Dec 05, 2021

OUTCOME: Final summary judgment granted in favor of Maine newspaper

Franchini v. Bangor Publ’g Co., 560 F. Supp. 3d 312, 330-32 (D. Me. 2021). Obtained summary judgment on behalf of the Portland Herald Press and its reporter, Edward Murphy, with the district Court deci ... ding as a matter of law that Dr. Franchini attained limited public figure status prior to the publication of the allegedly defamatory News Reports. Because the Court had previously held that the allegations against The Portland Press were insufficient to establish actual malice, the finding that Plaintiff was a limited-purpose public figure was dispositive, and a full and final summary judgment was granted.

Libel and slander

Dismissal of Defamation claim against NY TV station

Dec 03, 2021

OUTCOME: Dismissal of defamation claim using anti-SLAPP statute

Michael Henry v. Nexstar Media Group, INC. and WIVB No. 813882/2020 (N.Y. Erie Cty. 2021) Obtained dismissal of a defamation claim filed against a New York television station and Nexstar Media Group r ... egarding the erroneous identification of the plaintiff as a man sentenced in a sexual misconduct case. Photo at issue was provided by the sheriff’s department, and defendants, who apologized for the error, employed state’s expanded anti-SLAPP statute to successfully argue for the dismissal.

Libel and slander

Summary judgment in favor of Maine's largest newspapers

Dec 02, 2021

OUTCOME: Summary judgment dismissal of libel claim

Franchini v. Pipes, et al. (U.S. District Court of Maine, Case No. 1:18-cv-00477-GZS, 2021). Obtained summary judgment dismissal of libel lawsuit against Maine’s largest two newspapers filed by former ... podiatrist who became embroiled in accusations that veterans were receiving poor medical treatment from the federal government. Judge concluded plaintiff “had not pleaded facts allowing for an inference of actual malice” and that the serious issues raised about veterans’ health care were legitimate matters of public concern.

Libel and slander

Obtained dismissal in Michigan Libel claim

Dec 01, 2019

OUTCOME: Dismissal with prejudice

Holland v. Wood TV 8 (State of Michigan, In the 9th Circuit Court of Kalamazoo County, Case No. 2019-0122-CB, 2019). Obtained a dismissal with prejudice in an action alleging defamation and related cla ... ims of tortious interference and intentional infliction of emotional distress against Defendant Nexstar Broadcasting, Inc. over a News Report allegedly falsely accusing the Plaintiff, a self-proclaimed public figure, of being a scam artist. Court found Plaintiff had failed to show actual malice and that, in the full context of the News Report at issue, a reasonable viewer could only understand “scam artists” to be an opinion based on disclosed facts.

Libel and slander

Successful anti-SLAPP motion ends Libel allegations

Oct 19, 2018

OUTCOME: Dismissal

Searles-Harris v. KBAK & KGET-TV (Superior Court of the State of California, For the County for Kern, Case No. BCV-18-101506-TSC, 2018). Consulted and assisted with a successful anti-SLAPP motion invol ... ving allegations of libel based upon a news report involving allegations of criminal misconduct and won an award for attorney fees.

Libel and slander

Defamation Matter Dismissed with Prejudice

Jun 07, 2018

OUTCOME: Dismissed with prejudice

Robertson v. Burns (Superior Court of California, County of San Mateo, Case No. CIV 530381, 2018). Consulted and assisted in drafting a successful motion for the dismissal with prejudice of a 2014 comp ... laint alleging defamation and Business and Professions Code violations for false and misleading advertising and unfair business practices. These allegations stem from a blog post regarding the Plaintiff’s disbarment from the California bar. The client was a writer contracted to write articles that were then posted on a local law firm’s website. Filed two separate anti-SLAPP motions (the first to the defamation claim and the second to the BPC claims after Plaintiff was allowed to amend the claims to pertain to the client). The court granted both anti-SLAPP motions after finding that the writing was a fair and accurate report on an official proceeding and did not constitute commercial speech. The anti-SLAPP motions were filed after Duane Morris set aside a default that had been entered against the client before Duane Morris had been retained.

Cynthia Lynn Counts's Legal Cases (50)

Obtained early dismissal in Libel claim against Utah Broadcaster

Obtained early dismissal with Prejudice for Wisconsin Broadcaster

Secured appellate affirmation of defamation claim dismissal

Jury Verdict in Favor of Maine reporters and Newspaper

Limited purpose public figure finding disposes of libel case

Dismissal of Defamation claim against NY TV station

Summary judgment in favor of Maine's largest newspapers

Obtained dismissal in Michigan Libel claim

Successful anti-SLAPP motion ends Libel allegations

Defamation Matter Dismissed with Prejudice