Fox Prevails in Defamation Case Filed by Hunter Biden Whistleblower Against Tarlov

A New York judge has dismissed Tony Bobulinski’s $30 million defamation lawsuit against Fox News co-host Jessica Tarlov, ruling in her favor and requiring Bobulinski to cover her legal fees.

“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,” stated District Judge J. Paul Oetken in his ruling.

A representative for Fox News commented on the outcome, saying, “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 business associate of Hunter Biden, initiated the lawsuit in March over remarks made by Tarlov in January during an episode of “The Five,” where she serves as a co-host. In a discussion with Judge Jeanine Pirro, Tarlov remarked, “Okay, a Trump Super PAC paid for Tony Bobulinski’s lawyers’ fees.”

Following the broadcast, Bobulinski’s attorney, Jesse Binall, promptly sent a letter to Fox Corp., demanding a retraction and apology from Tarlov. He warned that if the statement was not retracted on-air that same day, he would “immediately file a defamation lawsuit against Fox and Ms. Tarlov.”

The next day, Tarlov addressed the situation on a radio program, providing additional 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, however, sent another letter requesting a “complete retraction and apology.”

Fox News swiftly responded, stating, “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.”

Bobulinski and his legal team proceeded with the lawsuit, demanding $30 million in damages for compensation, special, and punitive reasons, along with costs and attorneys’ fees.

At the time of the lawsuit, Fox News reaffirmed its position, asserting, “Jessica Tarlov’s March 21st statements were accurate and made it clear that she was not aware of anything to suggest that payments from a Trump PAC to Elections, LLC were made in connection with Tony Bobulinski’s legal fees. We are sticking to our choice not to make any more corrections, and we will fight these false claims with all our might.”

In his ruling, Judge Oetken determined, “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.’”