Kelli L. Sager 

A prominent litigator who represents media and entertainment clients, Kelli L. Sager is a Davis Wright Tremaine LLP partner who specializes in cases involving defamation, copyright, trademark, the right of publicity, the right of privacy, reporters’ privilege, anti-SLAPP claims and public access to the courtroom.

“We’re seeing more cases against the media,” Sager said. “You almost never used to see public officials or public figures sue for libel, but that’s changed. I suspect some of them have little to do with defamation, but with trying to get back at people they don’t like.”

The situation is “interesting and a little scary,” she added. “They cost tremendous amounts of money to defend, and not every state has an anti-SLAPP law.” She referred to so-called strategic lawsuits against public participation — efforts to use the legal system to silence criticism and states’ enactment of statutes to remedy such acts of intimidation.

“These suits come at a cost — defendants’ insurance premiums go through the roof,” Sager said.

In a long-running suit in a jurisdiction without an anti-SLAPP statute, Sager nonetheless prevailed for ABC News and a coalition of other media defendants. The win came in a 2019 defamation suit by former coal executive and political candidate Don Blankenship of West Virginia over reporting about his conviction for violating mine safety laws.

Winning took a long time. In 2019 and 2020, Sager succeeded in getting 14 of the media companies and their individual reporters dismissed. In February 2022, the district court granted summary judgment for ABC, the sole remaining client. Earlier this year, a 4th U.S. Circuit Court of Appeals panel affirmed the win. Blankenship v. Napolitano et al., 22-1198 (4th Cir., op. filed Feb. 2023).

Blankenship has recently filed a cert petition with the U.S. Supreme Court. Sager isn’t too concerned. “Knock on wood, I don’t think the Supreme Court will take the case. Even if some on the court would like to revisit Times v. Sullivan, this is probably not the vehicle,” she said, referring to the 1964 opinion that strengthened media protections against defamation and libel suits.

Sager is also representing The Los Angeles Times and three of its reporters in a defamation suit filed in March by plaintiff attorney Mark J. Geragos over several articles about Geragos’ involvement in a $17.5 million settlement for Armenian genocide insurance cases. Geragos v. Los Angeles Times Communications LLC, 23STCV06397 (L.A. Super. Ct., filed March 22, 2023).

“We’ll be filing an anti-SLAPP motion,” Sager said in late May.

— John Roemer