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Federal Judge Orders New Trial in Sarah Palin’s Defamation Lawsuit Against The New York Times


Sarah Palin’s defamation case against The New York Times is set for a retrial in April 2025 as both parties consider settling the matter.

A federal judge scheduled the retrial for April 14, 2025, in former Alaska Gov. Sarah Palin’s defamation lawsuit against The New York Times. Attorneys for both sides are exploring the possibility of reaching a settlement instead of proceeding with another trial.

During a Nov. 12 phone conference, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York set the retrial date following a federal appeals court’s decision in August to annul the previous verdict and order a new trial. The appeals court based its decision on trial errors including improper jury instructions and exclusion of critical evidence.
In light of the court’s ruling, Rakoff requested lawyers from both sides to consult and consider the possibility of reaching a settlement during the Nov. 12 phone conference. Subsequently, discussions about a potential settlement arose.

Palin’s lawyer, Kenneth Turkel, stated during the conference that both parties were open to pursuing a negotiated settlement.

David Axelrod, representing The New York Times, also acknowledged the possibility of a settlement as a way to avoid another trial.

Rakoff suggested involving a magistrate judge or mediator in the discussions, indicating that a settlement could potentially be reached quickly.

The legal dispute started when The New York Times published an editorial in 2017 titled “America’s Lethal Politics,” alleging a direct link between a map circulated by Palin’s political action committee and the 2011 shooting of former Rep. Gabrielle Giffords. The editorial implied that Palin’s map incited violence.

Palin sued for defamation, claiming the editorial wrongly attributed blame to her for the Tucson shooting. After the case was initially dismissed in 2017, it was reinstated by the Second Circuit Court of Appeals in 2019, leading to a jury trial in 2022. Despite the jury finding The New York Times not liable, the district judge’s dismissal under Federal Rule of Civil Procedure 50 led to a retrial being ordered based on trial errors.

The appeals court highlighted various issues from the initial trial, such as excluding evidence that could have shown bias by the editorial’s author and improper jury instructions on “actual malice.” Concerns were also raised about jurors learning of the judge’s dismissal during deliberations.

The case was remanded for a retrial in the Southern District of New York, with Judge Rakoff proposing the possibility of scheduling proceedings between mid-December 2024 and February 2025.

Both sides agreed to the April 2025 trial date, with the judge open to settling through mediation.

Chase Smith contributed to this report.



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