Court revives lawsuit over debunked Rolling Stone rape story

NEW YORK — A federal appeals court Tuesday revived a defamation lawsuit by three University of Virginia graduates against Rolling Stone magazine, its publisher and a reporter over a now-retracted article describing a gang rape.

By a 2-1 vote, the 2nd U.S. Circuit Court of Appeals said George Elias IV, Ross Fowler and Stephen Hadford could pursue claims that the November 2014 article by Sabrina Rubin Erdely, “A Rape on Campus,” was “of and concerning” them under a theory of “small group” defamation.

All three judges on the panel said Elias and Fowler could also pursue individual claims against Rolling Stone, publisher Wenner Media and Erdely.

The court returned the case to U.S. District Judge Kevin Castel in Manhattan, who had in June 2016 dismissed the lawsuit, including claims over a podcast by Erdely.

Wenner is disappointed with the decision but “confident that this case has no merit,” spokeswoman Kathryn Bennett said on behalf of all defendants.

Alan Frank, the plaintiffs’ lawyer, did not immediately respond to requests for comment.

The plaintiffs graduated in 2013.

On Sunday, Wenner said its majority stake in Rolling Stone was for sale, following recent sales of Us Weekly and Men’s Journal.

Erdely’s article described a September 2012 rape of a female student named Jackie at the Phi Kappa Psi fraternity house, and suggested that gang rapes might have been common there.

The article amplified a national debate over sexual violence on college campuses, before questions arose over the reporting.

In April 2015, Rolling Stone retracted the article and apologized to fraternity members, other students and administrators.

The dean of Columbia University’s journalism school issued an accompanying report faulting the article’s lack of corroboration, and calling the case “a story of journalistic failure that was avoidable.”

In Tuesday’s decision, Judge Katherine Forrest wrote for the majority that “university campuses are often intimate communities” and the plaintiffs’ membership in Phi Kappa Psi, a small yet prominent group on campus, supported a defamation claim.

Circuit Judge Raymond Lohier dissented, saying the majority decision permits every Phi Kappa Psi member to hold Rolling Stone liable under New York defamation law.

“Until this error is corrected by the New York Court of Appeals, publishers should beware,” he wrote.

In April, Rolling Stone settled a separate defamation lawsuit by University of Virginia administrator Nicole Eramo, five months after a federal jury awarded her $3 million in damages.

ad-high_impact_4
News
Neighbor talks about 15-year-old alleged shooter
Nolan Turner, 15, who lives across the street from the 15-year-old who allegedly shot and killed his father and shot his mother talks about growing up with the teen. (K.M. Cannon/Las Vegas Review-Journal)
Las Vegas teen kills dad, wounds mom before she shoots him
A 15-year-old boy shot his father to death and wounded his mother in a west valley home Thursday morning before being wounded when she got a gun and returned fire, according to Las Vegas police. Las Vegas Metropolitan Police Department officers were called just after 10:45 a.m. Thursday on the 9900 block of Barrier Reef Drive, near West Sahara Avenue and South Hualapai Way. In a briefing near the scene, police said the teenager shot his dad in the head, killing him, then shot his mom, who got another gun and returned fire. They said the boy jumped a wall and ran away, but was arrested about a quarter-mile away. Both the teen and his mom were hospitalized and are expected to survive, police said. Police did not immediately identify the family members but said the man was in his early 50s and the woman was in her late 40s. K.M. Cannon/ Las Vegas Review-Journal
Las Vegas Native Troy Brown Jr. Preparing for NBA
Former Centennial High School player Troy Brown Jr., now 18 and one of the most accomplished high school basketball players in the history of Las Vegas, is back in his hometown preparing to play in the NBA. (Madelyn Reese/ Las Vegas Review-Journal)
Closing arguments at David Copperfield civil trial
Attorneys for British tourist Gavin Cox and MGM Resorts make their closing arguments in the David Copperfield civil trial at the Regional Justice Center in Las Vegas. (K.M. Cannon/Las Vegas Review-Journal)
UNLV Surgeon Performs Successful Rare Pancreas Surgery
Las Vegas resident Mary Duda underwent a pancreatoduodenectomy, or Whipple procedure, for her pancreatic cancer. While the grandmother of 19 recovered, her doctors say she's one of the lucky ones. Pancreatic surgery can be risky and has a high morbidity rate. (Madelyn Reese/ Las Vegas Review-Journal)
Former Las Vegas police explorer sentenced to 25 years to life in prison
Former Las Vegas police explorer Joshua Honea sentenced to 25 years to life in prison for sexual assault of a minor, but was allowed to remain free on bail pending appeal. (K.M. Cannon/Las Vegas Review-Journal)
Golden Knights Fans Line Up to Grab Their Conference Champions Gear
Golden Knights fans lined up at City National Arena Monday to snap up Conference Champions gear and other memorabilia the day after the Golden Knights won the Stanley Cup Conference Finals. (Madelyn Reese/ Las Vegas-Review Journal)
Las Vegas shooting survivor has surprise reunion
Oct. 1 mass shooting survivors Taylor Stovall and Parker Gabel meet for the first time since Gabel helped the injured Stovall to an ambulance the night of the shooting. Stovall, then 17, was shot in the arm. They met Friday at the Tropicana.
Hawaii volcano presser
Talmadge Magno of Hawaii Civil Defense gives an update on the Kilauea volcano
Same-Sex Weddings on the Rise in Las Vegas
Allie and Tara Shima finally tied the knot. They've been together for five years and have both been married before. This time, they wanted something simple, quick and cheap, but it still had to feel special. The couple chose Las Vegas. (Madelyn Reese/ Las Vegas Review-Journal)
Courtyard Homeless Resource Center begins building in Las Vegas
Las Vegas Mayor Carolyn Goodman and Ward 3 Councilman Bob Coffin kicked off the demolition of buildings where the Courtyard Homeless Resource Center will be built. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
"Yanny" or "Laurel" hearing test has gone viral
'Yanny' or 'Laurel?' This Hearing Test Has Gone Viral This hearing test has gone viral on social media with some hearing "Yanny" while others swear hearing "Laurel." The voice is actually saying "Laurel," but the pitch was changed, causing some to hear "Yanny."
LVMPD Briefs on Year's Sixth Officer-Involved Shooting
Las Vegas police have identified the officer who shot a shovel-wielding woman on Saturday as 23-year-old Ondre Wills.
Police release body camera footage of shovel-wielding woman
Las Vegas police identified the woman they said threatened neighbors with a skillet Saturday night. Officer Ondre Wills, 23, shot at Sommer Richards, 34, multiple times on Big Sur Drive, near Nellis Boulevard and Desert Inn Road. Police responded to the area after receiving reports that the woman was armed with a shovel. Police said the woman chased neighbors and a security guard. Wills got between Richards and the others and repeatedly told her to drop the shovel. The woman instead turned and moved toward a person who was standing nearby before the officer fired shots. Police said she bit another officer as he attempted to render aid. Richards remains in serious but stable condition.
College of Southern Nevada Graduates 2017-18 Class
The College of Southern Nevada's graduation ceremony was held at the Thomas & Mack Center Monday. The 2017-18 class was the institution's largest in history. (Madelyn Reese/ Las Vegas Review-Journal)
Metro looking for suspect in bank robbery.
On Jan. 22, a man robbed a bank in the 8700 block of West Sahara Avenue.
Former Gov. Mike Huckabee at opening of U.S. Embassy in Jerusalem
Former Arkansas Gov. Mike Huckabee, at opening ceremony of U.S. Embassy in Jerusalem, speaks about the violence in Gaza. (Debra J. Saunders/Las Vegas Review-Journal)
Supreme Court strikes down law banning sports betting outside Nevada
The Supreme Court has overturned a federal ban on sports gambling. States other than Nevada will be allowed to provide bookmaking and betting at casinos and race tracks. Justice Samuel Alito said Congress can regulate sports gambling directly, but if it elects not to do so, “each State is free to act on its own.” The vote was 6-3. One research firm estimates that 32 states will likely offer sports betting within five years.
Westcare Clinic Crucial to Las Vegan's Addiction Recovery
Christian Hunt, 21, was sent to Westcare in September after he ended up on drugs and in the hospital. If it weren't for the nonprofit's Community Triage Center, Hunt said he would still be using drugs. Instead, he's been sober for six months, and stopped using methamphetamines seven months ago. (Madelyn Reese/ Las Vegas Review-Journal)
Foundation Provides Full Rides for Clark County Students
Somewhere along the banks of the Ohio River in Owensboro, Kentucky, a group of students from Sin City are pursuing a higher education. Feature on the 38 Clark County students that the Rogers Foundation has given full rides to for Kentucky Wesleyan College. (Madelyn Reese/ Las Vegas Review-Journal)
Flames engulf house in Henderson
Clark County firefighters battled a house fire early Friday morning in Henderson. The house, located near Volunteer Boulevard and Executive Airport Drive, was fully engulfed in flames about 2 a.m. Shifting winds sent massive plumes of smoke across the southern Las Vegas Valley sky. As of 3 a.m. , the cause of the fire was not known and no injuries were reported.
Harvey Weinstein’s Estranged Wife Speaks Out for First Time
Harvey Weinstein’s Estranged Wife Speaks Out for First Time Georgina Chapman was profiled for 'Vogue’s' June issue, speaking on her estranged husband for the first time since he was accused of sexual assault in October. Georgina Chapman, to Vogue Georgina Chapman, to Vogue Chapman, who has two children with Weinstein, also said she has been seeing a therapist and that has helped her move forward. Georgina Chapman, to Vogue Georgina Chapman, to Vogue Read the full profile on Chapman in Vogue’s June issue or online at Vogue.com.
Bark-Andre Furry the dog is a Vegas Golden Knights hockey fan
The furriest fan of the NHL's Vegas Golden Knights is growing into a social media sensation. Bark-Andre Furry the Jack Russell terrier has thousands of followers on Twitter and Instagram. (K.M. Cannon/Las Vegas Review-Journal)
Suspect Sought In Robbery Attempt
Attorney Gloria Allred on case against Benjamin Sparks
Attorney Gloria Allred is representing the victim in a "sex slave" case against GOP political consultant Benjamin Sparks.
2018 Las Vegas Review-Journal High School Journalism Awards winners
Some winners of the 2018 Las Vegas Review-Journal High School Journalism Awards receive their awards.
Weather Balloon Collects Key Data
Meteorologist Chelsea Kryston discusses the Las Vegas National Weather Service's balloon carrying a radiosonde that collects temperature, humidity and pressure readings.
'Avengers: Infinity War' to Cross $1 Billion Mark
'Avengers: Infinity War' to Cross $1 Billion Mark And it will have done so faster than any other film in history. The Anthony and Joe Russo directed film has only been in theaters for eight days since its Apr. 27 release, and it’s already raked in $905.1 million at the worldwide box office, including $338.4 million in North America. It will reach the milestone faster than ‘Star Wars: The Force Awakens,’ which took 12 days to cross over the $1 billion threshold. ‘Infinity War’ is the 34th film to cross $1 billion at the global box office, not accounting for inflation.
Henderson Residents Fighting Their HOA
Sun City Anthem residents Tim Stebbins and Bob Frank were arrested by the Henderson Police Department for filing a false report of a crime after they claimed their HOA was hiding surplus assessments in a secret slush fund. Nearly a decade later, Frank is still trying to clear his name. (Madelyn Reese/ Las Vegas Review-Journal)
UNLV Professor Retiring After 50 Years
Professor Bernard Malamud reflects on his 50 years teaching economics at UNLV and what it's been like watching to school and the city grow.
TOP NEWS
News Headlines
Events
Home Front Page Footer Listing
Circular
You May Like

You May Like