A federal judge on Thursday dismissed a lawsuit by the New York City Times against the company that operates it.
The lawsuit, filed in New York state court, accused the paper of violating the False Claims Act by “inaccurately reporting” a “fraudulent” claim from a woman who had been diagnosed with stage-4 lung cancer.
“In its current form, the complaint contains numerous factual inaccuracies, omissions, and errors that make the plaintiffs’ claims untenable,” U.S. District Judge William Orrick wrote in a ruling.
New York Times co-founder Arthur Sulzberger Jr., who was also named in the suit, declined to comment.
However, Sulzbergers lawyers said they are seeking a preliminary injunction against the suit from the judge.
Sulzbergers lawsuit against the New Yorker paper is similar to the one filed by the Times in 2013.
It accuses the newspaper of mischaracterizing a claim made by the woman, who said she had been tested for stage-four lung cancer on April 28, 2018.
In a lawsuit filed in October 2018, the woman alleged the newspaper misreported that her cancer had progressed from “probable” to “very likely” and that it had made up a story about her “fears of dying” and “hiding in plain sight.”
The complaint also alleges that Sulzbergers attorneys falsely told the court that the Times was “not going to get sued” for the false story, and that SulZberger “is using his position as a public figure to bully and threaten” the plaintiff into settling out of court.
(Reporting by David Ingram in New Orleans; Editing by Jonathan Oatis)