| 2nd
Circuit Orders New Trial for Sarah Palin
Case NYT Wanted $46,000 for Hotel Stays In
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Aug 28 –
In the case of Sarah Palin
versus New York Times and
James Bennet, on July 24, 2020
U.S. District Court for the
Southern District of New York
Judge Jed S. Rakoff held oral
arguments. Inner City Press
live tweeted them - and now
the 2022 trial, below.
After Judge
Rakoff said he would dismiss,
and some jurors saw it on push
notifications on their phone
and followed suit, a telephone
conference was held on
February 23 and Inner City
Press covered it, here.
It was short, and
resulted in this: "Minute
Entry for proceedings held
before Judge Jed S. Rakoff:
Telephone Conference held on
2/23/2022 with court reporter
Khris Sellin. Plaintiff's post
trial motions not to exceed 50
pages, all motions in a single
submission. Defendants'
response not to exceed 50
pages, replies are limited to
15 pages."
On May 31, Judge
Rakoff denied Palin's motions.
On June 30, the
New York Times filed for
$46,331.11 in costs from Palin
including transcript costs and
pro hac vice fees, a hotel
stay and witness fees (and
subsistence fee) for Ross
Douthat of New Haven.
Jump cut to
August 28, 2024 when a three
judge panel of the Second
Circuit Court of Appeals
ordered a new trial for Palin:
several major issues at
trial—specifically, the
erroneous exclusion of
evidence, an inaccurate jury
instruction, a legally
erroneous response to a
mid-deliberation jury
question, and jurors learning
during deliberations of the
district court’s Rule 50
dismissal ruling—impugn the
reliability of that verdict.
The jury is sacrosanct in our
legal system, and we have a
duty to protect its
constitutional role, both by
ensuring that the jury’s role
is not usurped by judges and
by making certain that juries
are provided with relevant
proffered evidence and
properly instructed on the
law. We therefore VACATE and
REMAND for proceedings,
including a new trial." 56
page Order on Patreon here.
The case is
Palin v. The New York Times
Company, 17-cv-4853-JSR
(Rakoff)
***
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