On April 22, WilmerHale and co-counsel Ballard Spahr secured a victory when a federal jury ruled in favor of The New York Times and against former Alaska Governor and Vice-Presidential nominee Sarah Palin in a retrial of a libel claim over a 2017 editorial about gun violence and the prevalence of mass shootings in the United States. The case has long been viewed as a bellwether for future disputes between the press and public figures claiming reputational damage and has received significant national media coverage over the past eight years. The victory earned the team an American Lawyer Litigation Daily Litigator of the Week recognition. 

In 2017, Palin sued The Times and former Opinion Editor James Bennet alleging libel from an editorial that was read to suggest that Palin’s political action committee had circulated a political advertisement that contributed to the 2011 mass shooting that killed six people and seriously wounded former Representative Gabrielle Giffords. Within 14 hours of publication of the piece, The Times issued a correction acknowledging that it had “incorrectly stated that a link existed between political rhetoric and the 2011 shooting.” 

In February 2022, Judge Jed S. Rakoff and a different jury rejected Palin’s claims. The US Circuit Court of Appeals for the Second Circuit overturned the initial jury verdict last year citing errors by the judge.

This victory reinforces longstanding First Amendment protections by affirming that publishers are not liable for honest mistakes.

The WilmerHale team was led by Felicia Ellsworth and included Andy O’Laughlin. The Ballard Spahr team was led by David Axelrod and included Jay Brown, Jacquelyn Schell, Tom Sullivan and Kennison Lay.