Leidig v. BuzzFeed, Inc.

Summary

In this unpublished Second Circuit summary order, the court affirmed summary judgment for BuzzFeed on libel claims under New York law, holding that the plaintiffs failed to present competent evidence of falsity. Applying *Celle v. Filipino Reporter Enterprises Inc.*, the court ruled that conclusory, self-serving affidavits and deposition testimony are insufficient to create a genuine issue of material fact, particularly where the plaintiffs have easy access to additional proof of the accuracy of their own published stories. The decision reinforces the First Amendment requirement that defamation plaintiffs must provide more than a "bland cryptic claim of falsity" to survive summary judgment.

Holdings

1. Plaintiffs' conclusory assertions and self-serving testimony were insufficient to establish a genuine issue of material fact as to falsity; the First Amendment requires more than a 'bland cryptic claim of falsity.'

Questions Presented

1. Whether the district court correctly granted summary judgment on plaintiffs' libel claims because plaintiffs failed to present sufficient evidence of falsity.

Disposition

affirmed