[Ed. – She’ll get another bite at this one. The appeals court ruling isn’t on the substance of the case; it reinstates the case because it says the lower court used flawed procedure to dismiss it, back in 2017.]
A federal court in Manhattan on Tuesday reinstated Sarah Palin’s defamation lawsuit against the New York Times, overturning a district court’s ruling which dismissed her claim in 2017. The three-judge panel ruled that the lower court was wrong to use an “unusual process” in determining the validity of Palin’s claim, vacating the decision and sending the case back to the District Court for discovery.
“This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards,” Circuit Judge John M. Walker wrote.