Libel Statute of Limitations for Blog Posts Starts When They’re Published, Not When Plaintiff Discovers Them
From the North Dakota Supreme Court’s decision Friday in Arthaud v. Fuglie (opinion by Chief Justice Jon Jensen):
Jim Arthaud appeals a district court judgment granting Jim Fuglie’s motion to dismiss. Arthaud argued this Court should adopt the “discovery rule” when determining whether a litigant has timely brought a defamation claim. We hold it is unnecessary to decide whether to adopt the discovery rule for defamation claims because the Uniform Single Publication Act precludes the discovery rule from applying to statements made to the public. We affirm….
Arthaud sued Fuglie, alleging Fuglie published a defamatory statement in his internet blog titled “A Bridge to Nowhere.” The blog was published in August 2018 on Fuglie’s website, “The Prairie Blog.” In the post Fuglie wrote:
Arthaud knows something about dealing with politicians. Here’s a story from a friend of a friend of a friend. Someone was in Arthaud’s office and needed something from Sen. John Hoeven. Arthaud picked up the phone, dialed up Hoeven’s office in Washington, DC, got Hoeven on the phone, got what his friend needed, hung up, and said “That’s what $20,000 will get you.”
Arthaud brought suit on October 5, 2021, asserting he did not learn about the post until September 2021. Fuglie responded and filed a motion to dismiss, arguing Arthaud’s claim was time barred under the applicable statute of limitations….
Section 28-01-18, N.D.C.C., provides that an action for libel or slander must be commenced within two years after the claim for relief has accrued. A cause of action accrues on a defamation claim when the publication of the false statement is made to a third party. Arthaud argues the discovery rule should apply to defamation claims, and t
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