Mandell Menkes won an appeal in Wisconsin affirming dismissal of former Milwaukee firefighter Aaron Marjala’s defamation claim against Fox News, host Megyn Kelly and guest panelist Lee Armstrong arising from a Kelly’s Court segment debating Marjala’s decision to collect disability benefits while he was fit enough to compete as an Ironman triathlete. View the Kelly’s Court segment here: https://mandellmenkes.box.com/v/kellyscourtbroadcast.  The court noted the “mock trial or judicial debate” format of the Kelly’s Court  segment and described the piece as a debate in which panelist Armstrong opposed Marjala’s collecting disability benefits while panelist Lis Wiehl spoke in support of Marjala, with Megyn Kelly rendering her legal “opinion” at the conclusion of the debate.    The court concluded that “the Fox News piece simply delivered an opinion on the faults of duty disability systems.”  Furthermore, the court held Marjala could not meet his burden of demonstrating the falsity of statements implying that  he  (1) claimed total disability because of hitting his funny bone  and (2) was living off tax-free duty disability benefits to participate in marathons and triathlons. READ MORE