2021 Supreme(US)(ca4) 89
COURT OF APPEALS FOR THE FOURTH CIRCUIT
Svetlana Lokhova – Appellant
Versus
Stefan Halper – Respondent
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-1368
SVETLANA LOKHOVA,
Plaintiff - Appellant,
v. STEFAN A. HALPER; DOW JONES & COMPANY, INCORPORATED, d/b/a The Wall Street Journal; THE NEW YORK TIMES COMPANY; WP COMPANY LLC, d/b/a The Washington Post; NBCUNIVERSAL MEDIA, LLC, d/b/a MSNBC,
Defendants - Appellees, ------------------------------ 29 MEDIA ORGANIZATIONS; REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS,
Amici Supporting Appellee.
No. 20-1437
SVETLANA LOKHOVA,
Plaintiff - Appellee,
v. STEFAN A. HALPER,
Defendant - Appellant, and DOW JONES & COMPANY, INCORPORATED, d/b/a The Wall Street Journal; THE NEW YORK TIMES COMPANY; WP COMPANY LLC, d/b/a The Washington Post; NBCUNIVERSAL MEDIA, LLC, d/b/a MSNBC,
Defendants, ------------------------------ 29 MEDIA ORGANIZATIONS; REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS,
Amici Supporting Appellee.
Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:19-cv-00632-LMB-JFA)
Argued: March 10, 2021 Decided: April 15, 2021
Before WYNN, THACKER, and QUATTLEBAUM, Circuit Judges.
Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Wynn joined. Judged Quattlebaum wrote an opinion concurring in part and dissenting in part.
ARGUED: Steven Scott Biss, LAW OFFICE OF STEVEN S. BISS, Charlottesville, Virginia, for Appellant/Cross-Appellee. Seth Daniel Berlin, BALLARD SPAHR, LLP, Washington, D.C.; Laura Rose Handman, DAVIS WRIGHT TREMAINE, LLP, Washington, D.C.; Terrance Gilroy Reed, LANKFORD & REED, PLLC, Alexandria, Virginia, for Appellees/Cross-Appellants. ON BRIEF: Robert D. Luskin, PAUL HASTINGS LLP, Washington, D.C.; Robert K. Moir, LANKFORD & REED, PLLC, Alexandria, Virginia, for Appellee/Cross-Appellant Stefan A. Halper. Matthew E. Kelley, BALLARD SPAHR LLP, Washington, D.C., for Appellee/Cross-Appellant Dow Jones & Company, Inc. and The New York Times Company. Dana R. Green, Legal Department, THE NEW YORK TIMES COMPANY, New York, New York, for Appellee/Cross- Appellant The New York Times Company. Eric J. Feder, Patrick J. Curran Jr., DAVIS WRIGHT TREMAINE LLP, Washington, D.C., for Appellees/Cross-Appellants WP
2 Company, LLC and NBCUniversal Media, LLC. Bruce D. Brown, Katie Townsend, Caitlin Vogus, Lyndsey Wajert, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, Washington, D.C., for Amici Curiae.
3 THACKER, Circuit Judge:
Svetlana Lokhova (“Appellant”) sued Stefan Halper (“Appellee Halper”) and various news organizations (“Media Appellees”), alleging defamation, civil conspiracy, and tortious interference with contract. The district court dismissed all of Appellant’s claims, holding the majority of Appellant’s defamation claims were barred by the one year statute of limitations. The district court held the remaining defamation claims failed because the statements were not defamatory as a matter of law and because Appellant failed to plead sufficient facts to support vicarious liability. Because Appellant’s defamation claims failed, the district court dismissed her civil conspiracy and tortious interference with contract claims, as each hinged on the validity of the defamation claims. The district court also denied without prejudice Appellee Halper’s motion for sanctions against Appellant and her attorney, Steven S. Biss, for their alleged abusive litigation conduct.
Appellant appeals the dismissal of her tort claims and Appellee Halper cross appeals the denial of his motion for san