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Federal judge dismisses U-Va. fraternity members’ defamation lawsuit against Rolling Stone
Last edited Fri Jul 1, 2016, 10:50 AM - Edit history (1)
Federal judge dismisses U-Va. fraternity members’ defamation lawsuit against Rolling Stone
By T. Rees Shapiro June 29
@TReesShapiro
A federal judge in New York has dismissed a defamation lawsuit that three former members of the Phi Kappa Psi fraternity at the University of Virginia filed against Rolling Stone magazine, in which they alleged that a magazine article about a gang rape at the school implied they were involved in it.
The lawsuit centered around a sensational account of an alleged gang rape at the fraternity, which a U-Va. student named Jackie said happened in an upstairs bedroom during a party at Phi Psi during the fall semester of 2012. The article, published in late 2014, was later discredited, and Rolling Stone retracted the account.
Manhattan federal judge P. Kevin Castel dismissed the case because the three former members — U-Va. Class of 2013 graduates George Elias IV, Stephen Hadford and Ross Fowler — were not explicitly or implicitly identified in the 9,000-word account by journalist Sabrina Rubin Erdely.
{Read the judge’s order, dismissing the Phi Kappa Psi members’ lawsuit}
The case’s dismissal comes as two other lawsuits regarding the article continue forward in the courts, including one filed by an associate dean at U-Va. and the other a more general claim from the undergraduate members of the Phi Kappa Psi fraternity. ... Castel ruled that the 2013 alumni did not have a claim against Rolling Stone because the article did not sufficiently identify or describe them.
{Phi Kappa Psi fraternity members sue Rolling Stone over retracted U-Va. rape story}
By T. Rees Shapiro June 29
@TReesShapiro
A federal judge in New York has dismissed a defamation lawsuit that three former members of the Phi Kappa Psi fraternity at the University of Virginia filed against Rolling Stone magazine, in which they alleged that a magazine article about a gang rape at the school implied they were involved in it.
The lawsuit centered around a sensational account of an alleged gang rape at the fraternity, which a U-Va. student named Jackie said happened in an upstairs bedroom during a party at Phi Psi during the fall semester of 2012. The article, published in late 2014, was later discredited, and Rolling Stone retracted the account.
Manhattan federal judge P. Kevin Castel dismissed the case because the three former members — U-Va. Class of 2013 graduates George Elias IV, Stephen Hadford and Ross Fowler — were not explicitly or implicitly identified in the 9,000-word account by journalist Sabrina Rubin Erdely.
{Read the judge’s order, dismissing the Phi Kappa Psi members’ lawsuit}
The case’s dismissal comes as two other lawsuits regarding the article continue forward in the courts, including one filed by an associate dean at U-Va. and the other a more general claim from the undergraduate members of the Phi Kappa Psi fraternity. ... Castel ruled that the 2013 alumni did not have a claim against Rolling Stone because the article did not sufficiently identify or describe them.
{Phi Kappa Psi fraternity members sue Rolling Stone over retracted U-Va. rape story}
Defamation suit against Rolling Stone dismissed
University alumni did not prove “A Rape on Campus” was “of and concerning” them, judge rules
by Tim Dodson | Jun 29 2016 | 06/29/16 2:08am
Nearly one year after three University alumni filed a defamation lawsuit against Rolling Stone magazine over the now-retracted article, “A Rape on Campus,” a federal judge dismissed the suit in a New York courtroom Tuesday.
George Elias IV, Stephen Hadford and Ross Fowler — all three of whom were members of the Phi Kappa Psi fraternity during their time at the University and graduated in 2013 — filed defamation claims in July 2015 against Rolling Stone, writer Sabrina Erdely and Wenner Media in U.S. District Court for the Eastern District of New York.
Judge P. Kevin Castel ruled none of the plaintiffs could not state a claim for defamation because they could not prove the details in the article were “of and concerning” them.
This ruling follows a motion by the defense to dismiss the lawsuit.
University alumni did not prove “A Rape on Campus” was “of and concerning” them, judge rules
by Tim Dodson | Jun 29 2016 | 06/29/16 2:08am
Nearly one year after three University alumni filed a defamation lawsuit against Rolling Stone magazine over the now-retracted article, “A Rape on Campus,” a federal judge dismissed the suit in a New York courtroom Tuesday.
George Elias IV, Stephen Hadford and Ross Fowler — all three of whom were members of the Phi Kappa Psi fraternity during their time at the University and graduated in 2013 — filed defamation claims in July 2015 against Rolling Stone, writer Sabrina Erdely and Wenner Media in U.S. District Court for the Eastern District of New York.
Judge P. Kevin Castel ruled none of the plaintiffs could not state a claim for defamation because they could not prove the details in the article were “of and concerning” them.
This ruling follows a motion by the defense to dismiss the lawsuit.
