10/1 – A New York State Supreme Court judge, in a case of first impression, has granted Newsweek’s summary judgment motion in a lawsuit Newsweek brought under New York’s anti-SLAPP law against Olivet University. Olivet had previously sued Newsweek for defamation in the Southern District of New York, which was dismissed by the federal court and affirmed by the Second Circuit on substantial truth and fair report grounds. Newsweek then sued Olivet to recover its attorneys’ fees in state court under the anti-SLAPP law, and after the court denied Olivet’s motion to dismiss, and Newsweek filed its answer, Newsweek moved for summary judgment, arguing that the dismissal in federal court meant the case lacked a substantive basis in law as required by the anti-SLAPP law. Judge Phaedra Perry-Bond agreed, granted Newsweek’s motion, and instructed Newsweek to file a motion for attorneys’ fees evidencing the damages it seeks under the anti-SLAPP law.