Federal Judge Dismisses $30 Million Defamation Lawsuit Against Fox News Host

Jessica Tarlov attends the 2023 FOX Nation Patriot Awards at The Grand Ole Opry in Nashville, Tenn., on Nov. 16, 2023. Terry Wyatt/Getty Images

A federal judge in New York has dismissed a $30 million defamation lawsuit filed by a former business associate of Hunter Biden against Fox News host Jessica Tarlov.

Tony Bobulinski failed to provide evidence that Tarlov’s statement about him exposed him to “public ridicule or contempt,” U.S. District Judge J. Paul Oetken ruled on Nov. 26.

Tarlov during a segment on The Five, a Fox show, said on March 20 that Bobulinski’s lawyer fees were paid by a super political action committee supporting President-elect Donald Trump.

Responding to a letter demanding a retraction, Tarlov said the following day that she made the statement based on an allegation from Rep. Jasmine Crockett (D-Texas), who said on the House floor that the law firm representing Bobulinski was paid by the committee, the Save America PAC.

“During an exchange with my colleagues about the hearing, I said that Mr. Bobulinski’s lawyer’s fees have been paid for by a Trump Super PAC as recently as January,” Tarlov said. “What was actually said at the hearing was that the law firm representing Mr. Bobulinski was paid by a Trump PAC. I have seen no indication that those payments were made in connection to Mr. Bobulinski’s legal fees, and he denies that they were.”

Bobulinski and his lawyer, Stefan Passantino, sued Tarlov over the comments.

Oetken sided with Tarlov.

“The allegation that Bobulinski’s attorney’s fees were paid by a Trump PAC is not defamatory because it does not tend to expose either Bobulinski or Passantino to ‘public contempt, hatred, ridicule, aversion or disgrace,’” the judge wrote.

New York courts have defined defamation as a false statement that exposes a person to contempt or ridicule.

Because it’s public knowledge that the Save America PAC paid Passantino, Tarlov’s statement also does not expose him to contempt or ridicule, the judge said.

The plaintiffs also did not show that Tarlov knew her statement about the legal funding for Bobulinski was false, according to the ruling.

“FOX News is pleased with the court’s landmark decision, which not only dismissed Tony Bobulinski and Stefan Passantino’s meritless allegations against Jessica Tarlov, but also marked the first federal court decision to award attorneys’ fees under New York’s anti-SLAPP statute,” or the state’s updated Anti-Strategic Lawsuits Against Public Participation law, a spokesperson for the company told The Epoch Times in an email.

Lawyers for Tarlov and Bobulsinki did not respond to requests for comment.