Former Overstock CEO Patrick Byrne has asked a federal judge to grant summary judgment and throw out Hunter Biden‘s defamation lawsuit against him — saying Biden’s recent court filings have been little more than an effort to paint Byrne as “a right-wing nutjob.”
In a 21-page memorandum in support of the motion for summary judgment filed on Tuesday in Central California District Court, Byrne’s attorneys say the presidential son, after recently conceding a key point raised by the defense, largely sidestepped the implications.
Hunter Biden recently “conceded his public figure status” and therefore cannot prove any of the false statements at issue in the case were made with “actual malice,” the defense filing argues.
Actual malice is the highest, most exacting standard in defamation law — and the hardest to prove. The standard becomes operative when the person claiming to be defamed is a public official or public figure.
Once the switch is flipped, the doctrine requires a plaintiff to show the defendant made a false...
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