DocumentCloud_Epstein_Docs_p02009.png

Case 18-2868, Document 287, 08/09/2019, 2628251, Page61 of 76 does not distort or misrepresent the message Maxwell intended to convey to the public with the Press Release. Because the purpose of the issuance of the Press Release was publication, Maxwell is liable for its content and the motion for summary judgment on the grounds of non-liability for republication is denied. Vv. The Motion for Summary Judgment to Dismiss the Defamation Claim on the Ground of Substantial Truth is Denied Maxwell has asserted that the Press Release is substantially true and that the defamation claim should therefore be dismissed. See Def.’s Br. at 39. Whether or not Giuffre lied about Maxwell’s involvement in the events that Giuffre has alleged took place is the intensely contested factual issue that is the foundation of this action. Accordingly, summary judgment is not appropriate. See Mitre Sports Intern. Ltd. v. Home Box Office, Inc., 22 F. Supp. 3d 240, 255 (S.D.N.Y. 2014) (denying summary judgment because it would require the Court to decide disputed facts to determine whether the statement at issue was substantially true); Da Silva v. Time Inc., 908 F. Supp. 184, 187 (S.D.N.Y. 1995) (denying motion for summary judgment because there was a genuine issue of 61