Samantha Markle's defamation lawsuit against her half-sister Meghan Markle may be over for good. The case was dismissed with prejudice, meaning it cannot be refiled or amended. Attorney Neama Rahmani, who is not involved in the case, explained that the judge ruled Samantha has no case, even if everything she said was true. This means the case cannot go to a jury and Samantha's only option now is to appeal if she wants to continue.
Rahmani explained that if Samantha, who is 49 years old, chooses to continue with the appeal, she will need to go through the Court of Appeals. This could end up being quite expensive.
"If the Court of Appeals overturns the dismissal, Samantha would be able to continue the case in the trial court," he said. "However, the appeal process can cost anywhere from thousands to tens of thousands of dollars."
Samantha, 59, initially filed a lawsuit against her sister Meghan, 42, in March 2022. This was in response to Meghan's CBS interview with her husband Prince Harry in November 2021. Samantha claimed that Meghan had lied about their childhood. (Both Samantha and Meghan are daughters of Thomas Markle.)
On Tuesday, Meghan received a legal victory when the judge dismissed the case two years later. Court documents obtained by Us revealed that Judge Charlene Edwards Honeywell determined that Samantha had not been able to provide any statements to support a claim for defamation or defamation-by-implication. This was Samantha's third attempt at amending her complaint.
"When it comes to defamation, it's important to remember that it involves a statement made about a person that is published and untrue," explained Rahmani. "But what we're really looking at here is a statement of opinion."
Why Samantha Markle Wont Be Able to Sue Meghan Markle for Defamation Again After Losing Lawsuit
Samantha Markle, Meghan Markle Kevin Manning/MEGA;Max Mumby/Indigo/Getty Images
During the interview, Meghan mentioned that she hadn't seen Samantha in almost two decades. A legal expert clarified that the two statements Samantha considered defamatory were actually Meghan's personal opinions, which typically cannot be considered defamatory.
"According to Rahmani, Meghan mentioned two things. First, she grew up as an only child despite having a half-sister with whom she didn't have much of a relationship. The judge acknowledged that this was Meghan's personal opinion about her childhood and upbringing, and not defamatory."
"Meghan also stated that her older sister changed her last name to Markle after she started dating Harry. The judge made a similar ruling on this statement. Prior to the ruling on Tuesday, Samantha was given the opportunity to amend her lawsuit but she chose not to proceed."
Samantha was given a chance by the judge to make her lawsuit clearer and specify what was defamatory. Unfortunately, she was unable to do so, which led to the dismissal of the case, as Rahmani informed Us. If Samantha decides to appeal, she can go to the court of appeal, but Rahmani doesn't believe it is a strong defamation case.
Meghan's attorney, Michael J. Kump, expressed satisfaction with the Court's decision to dismiss the case in a statement given to Us.
Editor's P/S:
The dismissal of Samantha Markle's defamation lawsuit against her half-sister Meghan Markle is a significant victory for the Duchess of Sussex. The judge's ruling that Samantha failed to provide sufficient evidence to support her claims of defamation or defamation-by-implication is a clear indication that the court found Meghan's statements to be protected opinions rather than actionable falsehoods.
This outcome is a reminder that freedom of speech is a fundamental right, and that public figures have a right to express their opinions without fear of legal reprisal. While Samantha may choose to appeal the judge's decision, it is unlikely that she will be successful given the strong legal precedent in favor of protecting free speech. The dismissal of her lawsuit should serve as a warning to others who may be tempted to use the courts to silence their critics or suppress legitimate public discourse. with her half-sister, despite the provocations, shows a level of maturity and grace that is commendable.