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Judge dismisses Patel defamation lawsuit over ‘nightclubs’ comment on MS NOW

The judge said Frank Figliuzzi’s nightclub remark was rhetorical hyperbole and not defamation, and he found Kash Patel’s suit barred by Texas anti-SLAPP law.

  • On Tuesday, U.S. District Judge George Hanks dismissed FBI Director Kash Patel's defamation lawsuit against legal commentator Frank Figliuzzi, ruling the disputed remarks constituted rhetorical hyperbole that cannot constitute defamation.
  • Patel filed the suit following a comment Figliuzzi made on MS NOW last year, alleging the FBI Director was 'visible at nightclubs far more than he has been on the seventh floor' of the Hoover building.
  • Judge Hanks determined a reasonable person would not perceive the comment as factual, finding the statement was 'exaggerated, provocative and amusing way' of speaking employing rhetorical hyperbole.
  • Figliuzzi's lawyer, Marc Fuller, called the dismissal a 'victory for press freedom and the First Amendment,' stating Patel's claim was baseless.
  • The ruling follows Patel's filing of a separate $250 million defamation lawsuit against The Atlantic last week, which reported allegations of 'bouts of excessive drinking' and unexplained absences.
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