Second Circuit: Kinsey v. New York Times Co.

 

Under the state's conflicts rules, since the defamation plaintiff is domiciled in a state other than the district containing the city in which the speech occurred and in which the employment damages were sustained, the state with the strongest interest in the litigation was instead a third forum, the state in which the national newspaper is domiciled, and from which it emanated.

Since the context and structure of the quoted litigation affidavit established that the language was taken from a judicial proceeding, the state's statutory absolute privilege for reports of judicial proceedings applies.


Kinsey v. New York Times Co.