HIGHLAND CAPITAL MGT., L.P. v. DOW JONES & CO., INC.

10624. 151322/18.

178 A.D.3d 572 (2019)

116 N.Y.S.3d 18

2019 NY Slip Op 09110

Highland Capital Management, L.P., Appellant, v. Dow Jones & Company, Inc., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 19, 2019.


Attorney(s) appearing for the Case

Harder LLP, New York ( Anthony Harwood of counsel), for appellant.

Vinson & Elkins LLP, Dallas, TX ( Thomas S. Leatherbury of the bar of the State of Texas, admitted pro hac vice, of counsel), for respondents.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.


Supreme Court properly dismissed this action alleging that an article published by defendant Dow Jones & Company on its website and in the print edition of the Wall Street Journal, and various tweets by defendants concerning an arbitration decision, were defamatory.

"A civil action cannot be maintained ... for the publication of a fair and true report of any judicial proceeding ... or other official proceeding, or for any heading of the report which is a fair...

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