Dismissed (for now): HATFILL defamation suit against NYT (anthrax)

[UTUSN]

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http://www.nytimes.com/2007/01/13/us/13hatfill.html

Judge Rejects Defamation Suit Against The Times

WASHINGTON, Jan. 12 — A federal judge on Friday dismissed a suit against The New York Times by a former government scientist who said he was defamed by a series of columns about the deadly anthrax mailings in 2001.

The judge, Claude M. Hilton of Federal District Court in Alexandria, Va., granted a motion by The Times to dismiss the suit but did not provide an immediate explanation. He is expected to file a detailed written opinion in coming days. ....

The Times also argued that the columns did not blame Dr. Hatfill for the attacks, as he said in his suit. Instead, the paper’s lawyers said, the columns were aimed at pressing the Federal Bureau of Investigation to move more swiftly and either charge or clear Dr. Hatfill as a suspect.

Judge Hilton had dismissed the suit earlier, saying that no defamation had occurred. A three-judge appeals panel voted, 2 to 1, to reinstate the suit, saying a jury should decide whether the columns were defamatory.

The full appeals court, based in Richmond, Va., split, and the Supreme Court refused to intervene. ....

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