Sollami v. Sheppard [1]

James Sollami, the former Town Supervisor of Cornwall, New York, sued blogger Tom Sheppard for libel in New York state court in 2004. Sheppard operates a website called "Cornball-Local.com," which deals with local politics. Sollami objected to 27 statements made on the blog, which, according to the RecordOnline.com [2], accused Sollami of "a laundry list of misdeeds involving town business."

The trial judge granted Sheppard's motion to dismiss in April 2004, concluding that the statements at issue were statements of opinion protected by the First Amendment. Sollami appealed, and the New York apellate court reversed the dismissal as to seven statements. The appellate court concluded that these statements were capable of a defamatory meaning and that a jury could conclude that they contained underlying assertions of fact. Sollami v. Shepphard [3], 799 N.Y.S.2d 427 (N.Y. App. Div. 2005). The appellate court sent the case back to the lower court for trial.

Trial commenced in May 2007, but the judge declared a mistrial weeks later when Sollami's lawyer became incapacitated due to a back injury. Retrial is pending.

Update:

4/11/2008 - Jury selection began for a new trial.