The District of Columbia Superior Court again denied motions to dismiss Mann’s lawsuit. The motions were directed at an amended complaint filed before the July 2013 decisions that denied motions by National Review and CEI to dismiss the original complaint. The “substantive” difference between the original complaint and the amended complaint was Mann’s assertion of one additional count, libel per se. In denying the motions, the new judge in the case (who replaced the retired Judge Combs Greene) ruled that, “regardless of whether the rulings embodied in the non-final orders of July 19, 2013, should be treated as ‘law of the case,’” he agreed with Judge Combs Greene’s conclusion that Mann had shown sufficient likelihood of success to defeat the special motion to dismiss the six counts in the original complaint under D.C.’s Anti-SLAPP (Strategic Lawsuit Against Public Participation) Act. With respect to the new libel per se count, the court said that while some of defendants’ statements about Mann and his research were protected as “opinions and rhetorical hyperbole,” other statements—such as statements that Mann “molested and tortured data” or statements calling Mann’s work “fraudulent”—were “assertions of fact” that would be defamatory if proven false and would be actionable if made with actual malice. The court found that “[v]iewing the facts in the light most favorable to plaintiff, a reasonable jury is likely to find in favor of the plaintiff.” National Review, CEI, and individual defendant Rand Simberg filed notices of appeal for the January 22 decision.

Defamation action brought by climate scientist against authors and publishers of articles about scientist's work.

Mann v. National Review, Inc.

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Mann v. National Review, Inc. - order

Filed

United States of America

District of Columbia

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Mann v. National Review, Inc. - order

Impacted group