Netflix True Crime on Trial: The Defamation Battles

True crime[1] has become a cultural phenomenon that has captivated the attention of millions of people across various media platforms.[2] Although the genre’s origins date back centuries,[3] in recent years, true crime has surged in popularity, in part, because of its accessibility, widespread dissemination, and the continued interest in such content.[4] From best-selling novels to top-charting podcasts to Emmy-winning series, the rise of true crime in the entertainment space has transformed the way society consumes and interacts with crime.

Fact: True crime is alluring to viewers. According to experts from The University of North Carolina at Chapel Hill, “[p]eople are drawn to these sensational stories by curiosity about the motivations of the criminals, concerns about justice and the legal system[,] and the thrill of solving a real-life whodunnit.”[5] Fiction: True crime is always accurate in its portrayal of events and/or people.[6]

As the public continues to indulge in true crime and more real-life crimes make it to the screen, ethical questions arise about the impact these shows have on real victims, their families, and others portrayed within them. Additionally, there may be legal concerns with these “fictionalized” and “dramatized” portrayals. Consequently, while true crime may serve as entertainment for some, it can be retraumatizing, harmful, and even defamatory for others.

Netflix is no stranger to the true crime community. Most recently, the streaming giant released the second installment of its Monster anthology series, Monsters: The Lyle and Erik Menendez Story.[7] In 1989, Lyle and Erik Menendez, who were twenty-one and eighteen years old at the time, respectively, fatally shot their parents several times with 12-guage shotguns in their home.[8] Initially it was speculated that the murders were a mob hit and that the killers “intended to send a message.”[9] Nonetheless, law enforcement remained suspicious of the brothers, particularly given their nearly $700,000 spending spree following the murders.[10] However, it was not until Erik confessed to his therapist, and the events that followed, that the brothers were eventually arrested.[11] Thus, at trial, the issue was not whether the brothers did, in fact, kill their parents.[12] The issue was why they did it.[13]

In essence, the prosecution argued that the murders were premeditated because Lyle and Erik wanted to ensure access to their considerable inheritance.[14] Conversely, the defense contended that the brothers acted in self-defense.[15] Lyle and Erik both took the stand and detailed the years of sexual, emotional, and physical abuse they endured at the hands of their parents throughout their lives.[16] They testified that, in the days leading up to the murders, they confronted their parents about the abuse, and tensions escalated to a breaking point.[17] The brothers believed that their parents intended to kill them on the night of the murders, prompting them to take fatal action first.[18] Ultimately, after years of litigation, Lyle and Erik Menendez were each convicted on two counts of first-degree murder and were sentenced to life in prison, without parole.[19]

The Monsters series is a fictionalized and scripted recount of this case, including the events leading up to the murders, the murder themselves, as well as the subsequent trials.[20] The story was intentionally told from multiple perspectives to show “all points of view” that existed when the real events unfolded.[21] In the few weeks the show has been out, its reception has been rather controversial.[22] Erik Menendez has even criticized the show as being a “dishonest portrayal” filled with “horrible and blatant lies.”[23] Particularly controversial is the show’s suggestion that the brothers may have engaged in an incestuous, sexual relationship.[24] Ryan Murphy, the co-creator and writer of the show, has defended the series. Murphy said that “he did not make a documentary of the brothers” and that he “was interested in doing something about everybody involved in this case, including the parents and their perspectives.”[25] Moreover, Murphy said that the show was not “presenting any of it as truth” but rather “presenting it as someone’s opinion.”[26]

Notably, on October 24, 2024, the Los Angeles County District Attorney George Gascón announced that he would recommend the resentencing of Lyle and Erik Menendez.[27] Four days later, the brothers’ defense team submitted their request for clemency to California Governor Gavin Newsom.[28] District Attorney Gascón has since announced his support for the brothers’ clemency request.[29] A decision has not yet been rendered.

Although no legal action has been taken against Netflix for its Monsters series at this time, claims of falsehoods by individuals depicted in its true crime series are not a new legal issue for the streaming service. In 2015, Netflix released its first true crime docuseries called Making a Murderer.[30] Over the course of two seasons, the series follows the case of Steven Avery, who, in 1985, was wrongfully convicted in Wisconsin of the sexual assault and attempted murder of Penny Beernsten.[31] After serving eighteen years in prison, Avery, with the aid of the Wisconsin Innocence Project, was exonerated by DNA evidence.[32] In 2005, just over two years after his release, Avery was arrested for the murder of Teresa Halbach.[33] A few months later, Avery’s nephew, Brendan Dassey, confessed to participating in the crime, though Dassey later recanted his statement.[34] Avery was convicted of first-degree intentional homicide, and Dassey was convicted of being party to first-degree intentional homicide, mutilation of a corpse, and second-degree sexual assault.[35] Both were sentenced to life in prison.[36]

Within thirty-five days of Making a Murderer’s release on Netflix, it garnered over nineteen million views[37] and received considerable media coverage. The show sparked conversations over flaws in the criminal justice system, such as police misconduct[38] and custodial interrogations,[39] and intense, online debate over the guilt—or innocence—of Avery and Dassey.[40] Making a Murderer also drew backlash from law enforcement officials portrayed in the show, because the show “raised questions about whether [the] Manitowoc County officials framed” Avery and Dassey.[41] In 2018, the now-former Manitowoc County Sheriff’s Detective Andrew Colborn sued Netflix and the filmmakers for defamation over his portrayal in the series.[42] Colborn alleged that the docuseries “distorted the facts, altered testimony[,] and omitted key information to falsely portray [him] as a corrupt officer who planted evidence,”[43] for example, by “editing snippets of his testimony[] and reactions of others in court to make him appear nervous and uncertain,” among other claims.[44]

Defamation[45] is a creature of state law, meaning that defamation statutes vary per state.[46] In Wisconsin, “a defamation plaintiff must show that the defendant (1) published (2) a false, (3) defamatory, and (4) unprivileged statement.”[47] Additionally, under the First Amendment, public officials are prohibited “from recovering damages for a defamatory falsehood relating to [their] official conduct unless [they] prove[] that the statement was made with ‘actual malice’–that is, with knowledge that it was false or with reckless disregard of whether it was false or not” [48] and the statement “must be ‘of and concerning’ the plaintiff.”[49] Applying these standards, U.S. District Judge Brett Ludwig granted summary judgment in favor of Netflix and Making a Murderer’s filmmakers, concluding that Colborn did not make out a defamation claim and the defendants’ did not act with actual malice.[50]

This year, after five years of litigation, Netflix, Ava DuVernay, and Attica Locke settled a lawsuit with Linda Fairstein over Fairstein’s depiction in the drama miniseries “When They See Us.”[51] This series is based on the events of the 1989 Central Park jogger case that involved the brutal assault of a twenty-eight-year-old white woman, Trisha Meili, in Central Park and the subsequent wrongful convictions of five Black and Latinx boys: Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Korey Wise, aged fourteen to sixteen.[52] The show received critical acclaim,[53] but Fairstein, the former chief of the Manhattan District Attorney’s Sex Crimes Prosecutions Unit, sued for defamation.[54] Broadly, Fairstein’s complaint alleged that she was depicted as making “racist and unethical” and “inflammatory” statements that she claimed to have never said, that she was depicted as the “singular mastermind” of the case, that she encouraged the use of “unconstitutional investigative techniques,” and that the show was marketed as a “fact-based version of the events” in “small font late in the credit rolls.”[55] Netflix’s motion to dismiss was granted in part and denied in part.[56] Nonetheless, the suit was ultimately settled, and Netflix agreed to donate one million dollars to the Innocence Project and move the disclaimer to the beginning of each episode.[57]

Netflix is actively involved in another defamation lawsuit over the Inventing Anna miniseries, inspired by the story of alleged “German heiress” and con-artist Anna Sorokin and Jessica Pressler’s New York Magazine article,[58] “Maybe She Had So Much Money She Just Lost Track of It.”[59] Rachel DeLoache Williams, a former friend of Sorokin’s who was depicted in the show, brought a defamation suit alleging that she was characterized as “abandoning Sorokin in Morocco and ultimately betraying her to the authorities” and that other statements portrayed her as “snobbish” and “unethical.”[60] Netflix has argued that the show’s creators had a literary license to tell their interpretation of what happened and that Williams’ portrayal was an opinion.[61] However, the district court disagreed, finding that some of the characterizations may be defamatory.[62] It remains to be seen whether Netflix’s creative liberties will withstand this legal challenge.

Courts have recognized that filmmakers are permitted “to advance an opinion-based version of events[] provided that the account has some support in the historical record”[63] and that viewers are aware “such programs are more fiction than fact.”[64] However, as Netflix’s defamation battles show, the line between creative expression and potential defamation is precarious and the profound impact of true crime storytelling can carry legal ramifications.

Melanie Rigden is a third-year law student at the Benjamin N. Cardozo School of Law and is a Staff Editor at the Cardozo Arts & Entertainment Law Journal. Melanie is interested in constitutional law, media law, and intellectual property.

[1] “True crime” is defined as “a nonfiction genre of literature, film, podcasts, etc. that depicts and examines real crime cases.” True crime, Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/true%20crime [https://perma.cc/J599-9XWT] (last visited Oct. 23, 2024). It focuses on crimes “usually violent in nature[] and the individuals involved in them” and “can include murders, kidnappings, robberies, and other criminal activities.” Jason Hellerman, What Is True Crime in Movies and TV?, No Film School (Apr. 3, 2024), https://nofilmschool.com/what-is-true-crime [https://perma.cc/A3GQ-ZZJS].

[2] The True Crime Consumer Report by Edison Research and audiochuck debuts at Podcast Movement, Edison Rsch. (Aug. 20, 2024), https://www.edisonresearch.com/the-true-crime-consumer-report-by-edison-research-and-audiochuck-debuts-at-podcast-movement/#:~:text=Top%20Findings%20from%20the%20report,an%20estimated%20230%20million%20consumes [https://perma.cc/XV63-8JPZ] (“84% of the U.S. population age 13+ watch or listen to True Crime through any medium – television, YouTube, social media, or podcasting; an estimated 230 million consumers.”).

[3] See Pamela Burger, The Bloody History of the True Crime Genre, JSTOR Daily (Aug. 24, 2016), https://daily.jstor.org/bloody-history-of-true-crime-genre/ [https://perma.cc/5S4B-2GTW] (crime pamphlets and ballads were circulated during the sixteenth century); Lizzie Pook, Read All About It! The Long and Bloody History of True Crime Lit., N.Y. Times (Feb. 1, 2024), https://www.nytimes.com/2024/02/01/books/review/true-crime-history-murder.html [https://perma.cc/V6CW-FMJT].

[4] Taylor Orth, Half of Americans enjoy true crime, and more agree it helps solve cold cases, YouGov (Sept. 14, 2022, 8:57 AM), https://today.yougov.com/entertainment/articles/43762-half-of-americans-enjoy-true-crime-yougov-poll [https://perma.cc/5ZSY-6WAA] (A 2022 YouGov poll found that fifty percent of Americans “enjoy true-crime content.” More specifically, thirteen percent of adult citizens said that true crime is their “favorite genre” and thirty-seven percent of adult citizens said that true crime is “[a] genre [they] enjoy but not [their] favorite.”).

[5] Scott Jared, Why are we fascinated by true crime?, The Univ. of N.C. at Chapel Hill (Jan. 11, 2024), https://www.unc.edu/posts/2024/01/11/why-are-we-fascinated-by-true-crime/ [https://perma.cc/XS7B-YJ4S].

[6] Sarah Weinman, Truth Is Drifting Away From True Crime, N.Y. Times (Apr. 15, 2023), https://www.nytimes.com/2023/04/15/opinion/true-crime-crisis.html [https://perma.cc/C856-5PUF].

[7] How Ryan Murphy’s Menendez Brothers Show Has Reignited a Decades-Long Controversy, TIME, https://time.com/7023423/menendez-brothers-netflix-controversy/ [https://perma.cc/3Y4T-QJ8F].

[8] Anna Kaplan, Who was the Menendez brothers’ mom, Kitty Menendez?, TODAY, https://www.today.com/popculture/tv/menendez-brothers-mom-kitty-menendez-rcna171302 [https://perma.cc/2WBA-PGTF] (last modified Oct. 16, 2024, 2:07 PM).

[9] Ronald L. Soble & John Johnson, Menendez Murdered Mob Style: Killers Intended to Send a ‘Message,’ Police Source Says, L.A. Times (Aug. 30, 1989, 12:00 AM), https://www.latimes.com/archives/la-xpm-1989-08-30-me-1259-story.html [https://perma.cc/M7DX-K6UJ].

[10] Rebecca Aizin, How Did the Menendez Brothers Get Caught? Why Erik’s Private Therapy Confession Led to Their Arrest and Conviction, People (Sept. 24, 2024, 4:02 PM), https://people.com/how-did-the-menendez-brothers-get-caught-8717554 [https://perma.cc/89KA-ZN4Y].

[11] Id.

[12] Alicia Tejada, Inside the story of the notorious Menendez brothers case, CBS News, https://www.cbsnews.com/news/menendez-brothers-inside-the-notorious-case-48-hours/ [https://perma.cc/SDV2-LFJC] (last modified on Oct. 8, 2024, 2:18 PM).

[13] Id.

[14] Why the Menendez Brothers Killed Their Parents, Biography.com, https://www.biography.com/crime/menendez-brothers-murder-case-facts [https://perma.cc/M89Q-87EU] (last modified Oct. 4, 2024, 5:07 PM).

[15] Id.

[16] Id.

[17] Supra note 12.

[18] Id.

[19] Supra note 7.

[20] Ruth Kinane, Inside the Cryptic Monsters: The Lyle and Erik Menendez Story Ending, Tudum by Netflix (Sept. 25, 2024), https://www.netflix.com/tudum/articles/monsters-the-lyle-and-erik-menendez-story-ending [https://perma.cc/S3N5-CJNB].

[21] Your Guide to the Multiple Perspectives in Monsters, Tudum by Netflix (Sept. 30, 2024), https://www.netflix.com/tudum/articles/monsters-lyle-erik-menendez-story-perspectives#:~:text=With%20the%20release%20of%20Ryan,the%20hands%20of%20their%20parents [https://perma.cc/5PHT-YVGP] (Ryan Murphy said that it is up to “the audience to make the decision about what really happened because [the creators] were just going off research, theories, and court testimony.”).

[22] Rebecca Aizin, Monsters Controversy Explained: Here’s Why Lyle and Erik Menendez Have Called the Ryan Murphy Series ‘A Blatant Lie,’ People (Sept. 25, 2024, 9:37 AM), https://people.com/monsters-controversy-explained-why-lyle-and-erik-menendez-call-it-a-lie-8717807 [https://perma.cc/6C87-R5TU] (“[P]eople felt it didn’t accurately portray the trauma associated with sexual abuse and insinuated details that may be untrue.”).

[23] @TammiMenendez1, X (Sept. 19, 2024, 11:15 PM), https://x.com/TammiMenendez1/status/1836967482013229168 [https://perma.cc/6CJK-FM4M] (Erik Menendez’s wife, Tammi, posted his response to the Netflix series on X. Erik also said, “I believe Ryan Murphy cannot be this naive and inaccurate about the facts of our lives so as to do this without bad intent” and that “Murphy shapes his horrible narrative through vile and appalling character portrayals of Lyle and of me and disheartening slander.”).

[24] Supra note 7.

[25] Gina Vivinetto & Anna Kaplan, Ryan Murphy responds to ‘Monsters’ criticism, calling show ‘the best thing that has happened to the Menendez brothers in 30 years,’ TODAY, https://www.today.com/popculture/tv/ryan-murphy-responds-erik-menendez-monsters-criticism-rcna172484 [https://perma.cc/GU8L-JV7X] (last modified Sept. 27, 2024, 8:30 PM).

[26] Id.

[27] News Release, L.A. Cnty. Dist. Att’ys Off., October 24, 2024: District Attorney Gascón Announces Decision in Resentencing of Erik and Lyle Menendez (Oct. 24, 2024), https://da.lacounty.gov/media/news/george-gascon-announces-decision-in-resentencing-erik-lyle-menendez [https://perma.cc/9US8-EFQ9].

[28] News Release, L.A. Cnty. Dist. Att’ys Off., October 30, 2024: District Attorney Gascón Supports Request for Clemency from Governor Gavin Newsom for Erik and Lyle Menendez (Oct. 30, 2024), https://da.lacounty.gov/media/news/district-attorney-gasc-n-supports-request-clemency-governor-gavin-newsom-erik-and-lyle [https://perma.cc/5Q2P-AZYB].

[29] Id.

[30] Making a Murderer, IMDb, https://www.imdb.com/title/tt5189670/ [https://perma.cc/YT7M-486L] (last visited Oct. 23, 2024).

[31] Steven Avery, Innocence Project, https://innocenceproject.org/cases/steven-avery/ [https://perma.cc/5EKV-CVLK] (last visited Oct. 23, 2024).

[32] Id.

[33] Id.

[34] A timeline of events in the Brendan Dassey case, Associated Press, https://apnews.com/general-news-national-national-4c61ddd5440a4188afb0bdb540ff60a5 [https://perma.cc/23NA-6Q9S] (last modified Nov. 14, 2016, 5:09 PM).

[35] Id.

[36] Id.

[37] Doug Schneider, 19 million in US watched ‘Making a Murderer,’ Green Bay Press Gazette, https://www.greenbaypressgazette.com/story/news/2016/02/12/making-murderer-draws-8-million-per-episode/80283312/ [https://perma.cc/ML7P-L7QB] (last modified Feb. 12, 2016, 12:31 PM).

[38] A Note on Steven Avery and the Netflix Series “Making a Murderer,” Innocence Project (Dec. 22, 2015), https://innocenceproject.org/a-note-on-steven-avery-and-the-netflix-series-making-a-murderer/ [https://perma.cc/C4QR-HKLA].

[39] Brendan Dassey Case Brings National Attention to Problem of Coerced Confessions, Innocence Project (July 5, 2017), https://innocenceproject.org/brendan-dassey-case-brings-attention-to-coerced-confessions/ [https://perma.cc/Z4WD-WEK3].

[40] See Arwa Mahdawi, As Making a Murderer returns, is the obsession with true crime turning nasty?, The Guardian, https://www.theguardian.com/tv-and-radio/2018/oct/16/making-a-murderer-is-our-obsession-with-true-crime-turning-nasty-serial#:~:text=There%20was%20a%20frenzy%20of,crime%20documentary%20of%20all%20time [https://perma.cc/2RZ2-824F] (last modified Oct. 16, 2018, 1:00 PM) (“There was a frenzy of interest about whether Avery had killed Halbach or whether he had been, as the series seemed to suggest, a victim of police misconduct.”); Jill Sederstrom, Who Really Killed Teresa Halbach? Dateline Dives into the Controversial Steven Avery Case, Oxygen (Oct. 4, 2023, 9:00 PM) https://www.oxygen.com/dateline-unforgettable/crime-news/who-really-killed-teresa-halbach-dateline-recap [https://perma.cc/GW9K-GKMZ] (Critics have alleged that “authorities planted details about the crime into Dassey’s head” and that “the sheriff’s office planted evidence against Avery.”); Becca van Sambeck, What Does Teresa Halbach’s Family Think About ‘Making A Murderer Part 2?,’ Oxygen (Nov. 2, 2018, 2:23 PM) https://www.oxygen.com/martinis-murder/what-does-teresa-halbach-family-think-about-making-a-murderer-part-2 [https://perma.cc/466A-F3TZ] (“[I]nternet detectives pored over the court case and made Justice For Steven Avery Facebook groups.”); ‘Making a Murderer’ sparks controversy over Wis. killer, WISN 12 News, https://www.wisn.com/article/making-a-murderer-sparks-controversy-over-wis-killer/6330054 [https://perma.cc/3XS9-ZSKX] (last modified Dec. 23, 2015, 4:57 PM) (“Those who believe Avery and . . . Dassey[] have wrongly been accused are erecting Facebook pages and GoFundMe accounts in solidarity with the two alleged criminals.”).

[41] Judge: Netflix’s ‘Making a Murderer’ didn’t defame detective, Associated Press (Mar. 14, 2023, 3:05 PM) https://apnews.com/article/avery-dassey-defamation-lawsuit-netflix-making-murderer-14af11b912ed16ec0f6f645d4c324ee1 [https://perma.cc/X4V6-RQ7T].

[42] Id.

[43] Gene Maddaus, Netflix Beats Defamation Suit Over ‘Making a Murderer’ Docuseries, Variety (Mar. 14, 2023, 8:00 PM), https://variety.com/2023/tv/news/making-a-murderer-netflix-defamation-lawsuit-thrown-out-1235554622/ [https://perma.cc/7QLD-54C8].

[44] Supra note 41.

[45] “Defamation” is defined as “the act of communicating false statements about a person that injure the reputation of that person.” Defamation, Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/defamation [https://perma.cc/XJE4-U2DR] (last visited Oct. 23, 2024).

[46] Legal Information Institute, defamation, Cornell L. Sch., https://www.law.cornell.edu/wex/defamation#:~:text=To%20prove%20prima%20facie%20defamation,entity%20who%20is%20the%20subject [https://perma.cc/9JBZ-ZXRC] (last visited Oct. 23, 2024) (Generally, to prove a defamation claim, a plaintiff must show: “1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.”).

[47] Financial Fiduciaries, LLC v. Gannett Co., Inc., 46 F.4th 654, 665 (7th Cir. 2022).

[48] New York Times Co. v. Sullivan, 376 U.S. 254, 279–80 (1964).

[49] Colborn v. Netflix Inc., 661 F. Supp. 3d 838, 847 (E.D. Wis. 2023) (quoting Sullivan, 376 U.S. at 288).

[50] Id. (“But most of [Colborn’s] gripes read more like media criticism better suited to the op-ed section; they are not actionable statements that could even potentially be defamatory under Wisconsin law. Those few statements that might conceivably be actionable fail for other reasons. Colborn’s ‘defamation by fabricated quotation’ claim fares no better because the record shows no instance in which Defendants did not convey the gist of a changed quotation. Colborn’s final theory, a claim for “defamation by implication,” also fails because he has not produced sufficient evidence to sustain it.”).

[51] Chloe Melas & Dennis Romero, Former Manhattan prosecutor Linda Fairstein reaches a settlement with Netflix in defamation case, NBC News, https://www.nbcnews.com/news/us-news/netflix-settles-defamation-case-linda-fairstein-series-ava-duvernay-rcna155491 [https://perma.cc/MC6E-AQA4] (last modified June 5, 2024, 12:20 AM).

[52] The Central Park Five, History.com, https://www.history.com/topics/1980s/central-park-five [https://perma.cc/H26X-4ESX] (last modified Aug. 23, 2024) (The wrongful convictions of the “Exonerated Five” were vacated in 2002.).

[53] Minyvonne Burke, Central Park rape case series ‘When They See Us’ nabs 16 Emmy nods, the most for Netflix, NBC News, https://www.nbcnews.com/pop-culture/tv/central-park-five-series-when-they-see-us-nabs-16-n1030946 [https://perma.cc/L8EB-K8XC] (last modified July 17, 2019, 3:29 PM).

[54] Fairstein v. Netflix, Inc., 553 F. Supp. 3d 48, 56–57 (S.D.N.Y. 2021) (“Fairstein alleges that nearly every scene depicting her is a fabrication that presents her in a false and defamatory light.”).

[55] Id. at 60.

[56] Id. at 82–83.

[57] Yasmin Rufo, Netflix and Ava DuVernay settle defamation lawsuit, NBC News (June 5, 2024), https://www.bbc.com/news/articles/c3gg70gxxw7o [https://perma.cc/NSM2-G5KQ].

[58] Shannon Carlin, The True Story Behind Netflix’s Inventing Anna, TIME (Feb. 11, 2022, 9:23 AM), https://time.com/6147088/inventing-anna-true-story/ [https://perma.cc/8EVC-8WNB].

[59] Jessica Pressler, Maybe She Had So Much Money She Just Lost Track of It, N.Y. Mag., https://www.thecut.com/article/how-anna-delvey-tricked-new-york.html [https://perma.cc/3C9N-9VDP] (last modified Feb. 8, 2022).

[60] Gene Maddaus, Netflix Loses Bid to Dismiss ‘Inventing Anna’ Defamation Lawsuit, Variety (Mar. 26, 2024, 8:04 PM), https://variety.com/2024/tv/news/netflix-dismiss-inventing-anna-defamation-lawsuit-rachel-williams-1235952993/ [https://perma.cc/J3EF-R8JT].

[61] Emily A. Poler, Fact vs. Fiction: Netflix Series Under Fire, Poler Legal (July 23, 2024), https://polerlegal.com/fact-vs-fiction-netflix-series-under-fire/#:~:text=Netflix%20sought%20to%20dismiss%20the,The%20case%20is%20proceeding [https://perma.cc/7J6G-7HD7].

[62] Id.

[63] Supra note 54.

[64] Partington v. Bugliosi, 56 F.3d 1147, 1155 (9th Cir. 1995).