The federal appeals court found issues 'impugn the reliability' of the verdict.
In this Oct. 9, 2022 file photo Republican candidate for the U.S. House of Representatives Sarah Palin attends a campaign event ahead of mid-term elections in Anchorage, Alaska.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.
In this Oct. 9, 2022 file photo Republican candidate for the U.S. House of Representatives Sarah Palin attends a campaign event ahead of mid-term elections in Anchorage, Alaska.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.
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."
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