Hunter Biden on Friday voluntarily dismissed, with prejudice, his lawsuit against FOX News Network, LLC, and related defendants, marking the second time he has withdrawn legal action against the media company.
The dismissal comes after FOX News successfully secured a remand motion last month and was poised to file a motion to dismiss, potentially exposing Biden to substantial costs and fees under New York’s anti-SLAPP statutes.
The lawsuit, initially refiled by Biden, had faced a significant setback when the District Court denied his motion to remand and determined that at least one of his claims was preempted. This paved the way for FOX News to file a motion to dismiss and to seek recovery of costs and attorneys’ fees under New York’s anti-SLAPP law.
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A letter dated May 23, 2025, from Steven A. Engel of Dechert LLP, representing the defendants, to Biden’s counsel, Tina Glandian of Geragos & Geragos, explicitly warned of these intentions. The letter, sent from Dechert’s New York office at Three Bryant Park, 1095 Avenue of the Americas, urged Biden to “immediately drop this meritless lawsuit” to avoid “substantial liability.”
Engel’s letter detailed how New York’s anti-SLAPP law protects speech “involving public petition and participation,” specifically communications in a public forum “in connection with an issue of public interest.”
He argued that “The Trial of Hunter Biden,” the subject of the lawsuit, indisputably qualified for this protection, as it dealt with the “unresolved legal situation of President Joe Biden’s son, Hunter,” and examined potential violations of federal criminal prohibitions.
The letter further asserted that Biden’s claims lacked a “substantial basis in fact and law” for several reasons. First, it argued that his claims were preempted by the Copyright Act, noting that the District Court had already recognized his claims sounded in copyright infringement.
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Second, it contended that Biden’s theories of liability were independently barred by the First Amendment, which protects the publication of lawfully obtained and truthful information about matters of public concern.
Finally, it stated that New York’s tort law itself bars such claims, citing exceptions for reporting of unlawful conduct and legitimate public purpose dissemination in “revenge porn” statutes, and that intentional infliction of emotional distress claims do not apply to news organizations publishing photographs related to public interest.
The latest voluntary dismissal signifies a conclusive end to the legal dispute, as “dismissal with prejudice” prevents Biden from refiling the same claims in the future.
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“We are pleased to move on now that Hunter Biden has finally voluntarily withdrawn this meritless case which proved to be nothing more than a politically motivated stunt,” a spokesperson for FOX News Media said in a statement Friday.
The lawsuit was filed in the United States District Court for the Southern District of New York. Defendants included Fox News Network, LLC, Fox Corporation, Viet D. Dinh, Jason Klarman, and John and Jane Does 1-100.
Hunter Biden was represented by Tina Glandian, Esq., of Geragos & Geragos, APC. The notice of voluntary dismissal was dated June 6, 2025. This development closes a chapter in the ongoing legal battles surrounding Hunter Biden and his interactions with various media entities.
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