Fox Wins Lawsuit Against Tarlov Brought by Hunter Biden Whistleblower

A federal judge in New York has dismissed Tony Bobulinski’s $30 million defamation lawsuit against Fox News co-host Jessica Tarlov and ordered Bobulinski to cover Tarlov’s legal expenses.

“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.

Fox News released a statement to Mediaite celebrating the court’s decision: “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.”

The lawsuit stemmed from remarks Tarlov made during a January episode of “The Five,” where she said, “Okay, a Trump Super PAC paid for Tony Bobulinski’s lawyers’ fees.” Bobulinski, a former business associate of Hunter Biden, filed the suit in March, alleging the statement was defamatory.

Bobulinski’s attorney, Jesse Binall, demanded an immediate retraction and apology in a letter sent to Fox Corp. the day after the broadcast, warning that he would “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 comments on the radio, offering 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.”

Despite the clarification, Binall sent another letter demanding a “complete retraction and apology.” Fox News stood by its co-host, responding, “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 to sue Tarlov, seeking $30 million in damages, including compensatory, special, and punitive damages, as well as legal costs.

At the time, Fox News reiterated its defense, stating, “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.”

The court dismissed Bobulinski’s claims in their entirety.

In his decision, Judge Oetken wrote, “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.’”