A spokesperson for Fox News said in a statement, “FOX News is pleased with the court’s landmark decision, which not only dismissed Tony Bobulinski and Stefan Passantino’s meritless allegations against Jessica Tarlov, but also marks the first federal court decision to award attorneys’ fees under New York’s anti-SLAPP statute.”
Bobulinski, who used to work with Hunter Biden, sued Tarlov in March for something she said in January on the popular show “The Five,” where she is a co-host. In a conversation with Judge Jeanine Pirro, Tarlov said, “Okay, a Trump Super PAC paid for Tony Bobulinski’s lawyers’ fees.”
As promised, Bobulinski’s lawyer Jesse Binall wrote Fox Corp. a
Write the next day, demanding that Tarlov retract her statement and issue an apology. He also said that he would “immediately file a defamation lawsuit against Fox and Ms. Tarlov if this lie is not retracted by Ms. Tarlov on-air today.”
The next day, Tarlov talked about the comments on the radio and gave more information: ” I would like to clarify a comment I made yesterday during our discussion of Tony Bobulinski’s appearance at the congressional hearing. During an exchange with my colleagues about the hearing, I said that Mr. Bobulinski’s lawyers’ fees have been paid by a Trump super PAC as recently as January. What was actually said during the hearing was that the law firm representing Mr. Bobulinski was paid by a Trump PAC. I have seen no indication that those payments were made in connection with Mr. Bobulinski’s legal fees, and he denies that they were.”
Fox News soon replied, “I am responding to your letter of March 22, 2024, to Jeff Taylor concerning the correction that Jessica Tarlov made on ‘The Five’ on March 21, 2024. Her correction was accurate, and we will not be issuing any further corrections.”
After that, Bobulinski and his lawyers sued Tarlov and asked
For $30 million in damages for compensation, special, and punitive reasons, as well as costs and attorneys’ fees.
Binall sent an additional letter demanding a second “complete retraction and apology.” At the time of the lawsuit, Fox News again defended Tarlov, saying, “Jessica Tarlov’s March 21st statements were accurate and made it clear that she was not aware of anything to suggest that payments from a Trump PAC to Elections, LLC were made in connection with Tony Bobulinski’s legal fees. We are sticking to our choice not to make any more corrections, and we will fight these false claims with all our might.
The court shot down Bobulinski on all points.
The New York Court of Appeals has held that, for a statement to
Qualify as defamation per se under the professional conduct exception, the statement must specifically reference conduct that is incompatible with a person’s profession, ‘rather than a more general reflection upon the plaintiff’s character or qualities.’”
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