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Trevor Bauer v. Chris Baud and G/O Media, Inc.

2023 WL 2307413 (2023)

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Trevor Bauer v. Chris Baud and G/O Media, Inc.

United States District Court for the District of New York
2023 WL 2307413 (2023)

SC

Facts

G/O Media, Inc. (defendant) owned the online sports publication Deadspin. Chris Baud (defendant) was a managing editor and writer for Deadspin. Deadspin published an article describing a petition for a temporary restraining order (TRO) filed by L.H. against Trevor Bauer (plaintiff), a pitcher for the Los Angeles Dodgers. The TRO petition alleged that Bauer had sexually assaulted L.H. by turning an initially consensual sexual encounter violent, beyond L.H.’s level of consent. Bauer’s lawyer responded that Bauer and L.H. had had a sexual encounter and that Bauer had evidence that L.H. had asked for rough sexual encounters. The Deadspin article contained three relevant statements: (1) that Bauer and his lawyer did not attempt to deny that Bauer was responsible; (2) “We don’t need an investigation and trial to know that [L.H.] didn’t consent to have her face beaten and her skull fractured.”; and (3) “[Bauer’s] legal team’s defense? It was only the initial CT scan that showed a fracture.” Regarding the second and third statements, although an initial examination of L.H. showed symptoms of a skull fracture, it turned out that a CT scan showed no fracture. Bauer sued Baud and G/O Media for defamation. Baud and G/O Media filed a motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Crotty, J.)

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