Fox News Wins Defamation Suit Against Jessica Tarlov Brought by Hunter Biden Whistleblower

Screenshot via Fox News

Tony Bobulinski’s $30 million defamation suit against Fox News host Jessica Tarlov was dismissed on Tuesday by a New York judge, who also ordered Bobulinski to pay Tarlov’s legal fees in a first-of-its-kind decision.

“Before the Court is Tarlov’s motion to dismiss for failure to state a claim and motion for attorney’s fees under New York’s anti-SLAPP law. For the reasons that follow, the motion to dismiss is granted. And because the Court concludes that the mandatory fee-shifting provision of New York’s anti-SLAPP law applies in federal court, Tarlov’s motion for attorney’s fees is also granted,” wrote District Judge J. Paul Oetken in his decision.

A spokesperson for the network told Mediaite in a statement, “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 marks the first federal court decision to award attorney’s fees under New York’s anti-SLAPP statute.”

Bobulinski, a former associate of Hunter Biden, sued Tarlov in March over a comment she made on top-rated show The Five, on which she is a co-host. Tarlov, in an exchange with Judge Jeanine Pirro said, “Ok, Tony Bobulinski’s lawyers’ fees have been paid by a Trump Super PAC. That’s as recent as January.”

Bobulinski’s attorney Jesse Binall sent Fox Corp a letter the next day demanding a retraction and apology from Tarlov, threatening to “immediately file a defamation lawsuit against Fox, and Ms. Tarlov if this lie is not retracted by Ms. Tarlov on-air today.” The following day Tarlov addressed the statement on-air and offered a clarification:

I would like to clarify a comment I made yesterday during our discussion of Tony Bobulinski’s appearance at the congressional hearing. During an exchange with my colleagues about the hearing I said that Mr. Bobulinski’s lawyers’ fees have been paid by a Trump super PAC as recent as January.

What was actually said during the hearing was that the law firm representing Mr. Bobulinski was paid by a Trump PAC. I have seen no indication those payments were made in connection with Mr. Bobulinski’s legal fees and he denies that they were.

Binall sent an additional letter demanding a second “complete retraction and apology.” Fox replied soon after saying, “I am responding to your letter of March 22, 2024, to Jeff Taylor concerning the correction that Jessica Tarlov made on “The Five” on March 21, 2024. Her correction was accurate, and we will not be issuing any further correction.”

Subsequently, Bobulinski and his legal team sued Tarlov, demanding $30 million in compensatory, special, and punitive damages, plus costs and attorneys’ fees. Fox News at the time responded to the lawsuit by again defending Tarlov, “Jessica Tarlov’s March 21st statements were accurate and made clear that she was not aware of anything to indicate that payments from a Trump PAC to Elections, LLC were made in connection with Tony Bobulinski’s legal fees. We stand by our decision to not issue any further corrections and will vigorously defend against these inaccurate claims.”

The court shot down Bobulinski on all points. Judge Oetken concluded, “Bobulinski also fails to adequately allege that Tarlov’s statements tended to injure him in his capacity as a businessman. The New York Court of Appeals has held that, for a statement to qualify as defamation per se under the professional conduct exception, the statement must specifically reference conduct that is incompatible with a person’s profession, ‘rather than a more general reflection upon the plaintiff’s character or qualities.'”

This is a developing story and has been updated.