The Fiona Harvey lawsuit against Netflix over Baby Reindeer is headed toward trial after the U.S. Court of Appeals for the Ninth Circuit ruled it lacks jurisdiction over Netflix’s attempt to appeal the case, according to Deadline. The ruling clears a procedural hurdle that had stalled the $170 million defamation case Harvey filed against the streamer in 2024.
For fans following the fallout from the hit series, the appeals court decision means Netflix‘s legal options to avoid a courtroom showdown are narrowing. The Ninth Circuit did not rule on the merits of Netflix’s argument, Deadline reported, but instead found on technical grounds that it could not hear the appeal at this stage.
What Happened In The Appeals Court
Fiona Harvey sued Netflix after she was identified as the real-life basis for the character Martha in Baby Reindeer, a series marketed as a true story. The former Scottish lawyer argued the show falsely portrayed her, according to Deadline.
U.S. District Judge R. Gary Klausner ruled in September 2024 that Harvey’s case should proceed, finding that Baby Reindeer was wrongly billed as a true story after Netflix made no effort to fact-check creator Richard Gadd’s experiences and failed to hide Harvey’s identity, Deadline reported. Netflix then appealed that ruling.
The Ninth Circuit has now ordered Netflix to either file a motion to voluntarily dismiss its appeal or submit a statement explaining why the appeal should not be dismissed, according to Deadline.
Responses From Fiona Harvey and Netflix
Harvey’s attorney, Richard Roth, framed the development as another failed attempt by Netflix to avoid facing a jury. “Netflix is doing everything to avoid a trial of this action. First, it made a motion before the federal district court which it lost.
Then it appealed that decision, which was dismissed. Notwithstanding its efforts, there will be a trial in this action where its wrongdoing will be front and center before a jury,” Roth told Deadline. Netflix declined to comment, according to Deadline.
Netflix has maintained that Harvey’s claim fails because she does not allege a provably false statement of fact was made about her, Deadline reported. The streamer has also argued that Harvey’s reputation had already been damaged by prior news coverage detailing her alleged past harassment and stalking of public figures, according to the outlet.
Harvey’s lawsuit disputes the show’s portrayal of her. According to her claims, Baby Reindeer depicted the Martha character as a twice-convicted stalker sentenced to five years in prison, and Harvey’s suit states she has never been convicted of stalking Gadd.
What It Means For The Case
The appeals court’s order does not resolve the underlying dispute over whether Netflix defamed Harvey. It does, however, remove one avenue Netflix had pursued to halt the case before it reaches a jury, according to Roth’s statement to Deadline.
Baby Reindeer premiered in April 2024 and has drawn 103 million views since its debut, according to Deadline. The limited series also won Emmy, BAFTA and Golden Globe awards.
What’s Next
Netflix must now either move to voluntarily dismiss its appeal or explain to the Ninth Circuit why it should remain active, per the court’s order described by Deadline. No trial date has been reported.
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