On February 26, 2020, the Minnesota supreme court ordered a new trial in Larson v. Gannett Company, Inc., a media defamation case handled by Mr. Fiebiger, reversing a previous decision by the Minnesota Court of Appeals. Larson claimed he was defamed by statements published by KARE 11 and The St. Cloud Times following his arrest for the murder of Cold Sping police officer Tom Decker in November, 2012 and a news conference and news release by law enforcement. The supreme court ruled that the fair reporting privilege applied to five statements published by the defendants, but that a new trial was required to determine whether the privilege had been defeated or abused. The district court had not instructed the jury on the factors to consider in determining whether the privilege had been abused. The supreme court adopted Larson's argument that the falsity instruction given at trial was insufficient and incomplete to determine whether the privilege had been defeated. This should be decided by a jury. The media defendants' petition for rehearing was denied by the suprme court on March 30, 2020. The supreme court's opinion is published at 940 N.W.2d 120 (Minn. 2020). A new trial date in Hennepin County District Court has not been set.
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