A federal appeals court on Wednesday revived Sarah Palin’s defamation lawsuit against The New York Times, finding several major issues “impugn the reliability” of the original outcome.

The Second U.S. Circuit Court of Appeals faulted the trial judge for dismissing the case before the jury had reached a verdict. The jury was allowed to continue deliberating before ultimately finding the newspaper not liable in February 2022.

“Unfortunately, several major issues at trial — specifically, the erroneous exclusion of evidence, an inaccurate jury instruction, a legally erroneous response to a mid-deliberation jury question, and jurors learning during deliberations of the district court’s Rule 50 dismissal ruling — impugn the reliability of that verdict,” the opinion said.

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Palin sued the Times and its former opinion editor, James Bennett, over an editorial published on June 14, 2017. The piece, entitled “America’s Lethal Politics,” linked the 2011 shooting of former Congresswoman Gabrielle Giffords to a digital graphic of a crosshairs over Democratic congressional districts published in March 2010 by Palin’s political action committee. A relationship between the crosshairs map and the shooting was never established. Rather, at the time of the editorial, the attack was widely viewed as a result of the shooter’s mental illness.

Palin’s original defamation lawsuit was dismissed but, in 2019, the Second Circuit vacated the dismissal. The case went to trial in 2022. Judge Jed Rakoff granted the Times’ motion for a directed verdict days before the jury found the newspaper was not liable for defaming Palin.

In its opinion on Wednesday, the appeals court agreed with Palin that Rakoff “erroneously disregarded or discredited her evidence of actual malice and improperly substituted its own judgment for that of the jury.”

This is a developing story. Please check back for updates.

A federal appeals court on Wednesday revived Sarah Palin‘s defamation lawsuit against The New York Times, finding several major issues “impugn the reliability” of the original outcome.

The Second U.S. Circuit Court of Appeals faulted the trial judge for dismissing the case before the jury had reached a verdict. The jury was allowed to continue deliberating before ultimately finding the newspaper not liable in February 2022.

“Unfortunately, several major issues at trial — specifically, the erroneous exclusion of evidence, an inaccurate jury instruction, a legally erroneous response to a mid-deliberation jury question, and jurors learning during deliberations of the district court’s Rule 50 dismissal ruling — impugn the reliability of that verdict,” the opinion said.

Palin sued the Times and its former opinion editor, James Bennett, over an editorial published on June 14, 2017. The piece, entitled “America’s Lethal Politics,” linked the 2011 shooting of former Congresswoman Gabrielle Giffords to a digital graphic of a crosshairs over Democratic congressional districts published in March 2010 by Palin’s political action committee. A relationship between the crosshairs map and the shooting was never established. Rather, at the time of the editorial, the attack was widely viewed as a result of the shooter’s mental illness.

Palin’s original defamation lawsuit was dismissed but, in 2019, the Second Circuit vacated the dismissal. The case went to trial in 2022. Judge Jed Rakoff granted the Times’ motion for a directed verdict days before the jury found the newspaper was not liable for defaming Palin.

In its opinion on Wednesday, the appeals court agreed with Palin that Rakoff “erroneously disregarded or discredited her evidence of actual malice and improperly substituted its own judgment for that of the jury.”

This is a developing story. Please check back for updates.