On September 16, 2024, the U.S. Court of Appeals for the Fifth Circuit ruled in favor of firm client Shannon Sharpe, a Fox Sports commentator, in a defamation action brought against him by NFL Hall of Famer Brett Favre.  The suit related to Sharpe’s comments on his show, “Undisputed,” concerning Favre’s purported connection to a Mississippi welfare fraud scandal.  After successfully transferring the case to federal court, the firm filed a motion to dismiss, arguing that, among other things, Sharpe’s comments could not form the basis of a defamation claim because they were nothing more than rhetorical hyperbole and figurative expressions about Favre.  In October 2023, the U.S. District Court for the Southern District of Mississippi granted the motion, agreeing that Sharpe’s comments were constitutionally protected rhetorical hyperbole and could not support a defamation claim as a matter of law.  On September 16, 2024, following oral argument by Williams & Connolly partner Joe Terry, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision, holding that Sharpe’s statements “could not have been reasonably understood as declaring or implying a provable assertion of fact.”

The team representing Shannon Sharpe includes Joe Terry, Amy Saharia and Tyler Infinger.