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Delaware Judge Throws Out UnitedHealth Defamation Lawsuit Against The Guardian

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UnitedHealth Group's defamation lawsuit against The Guardian was dismissed by a Delaware judge in July 2026, bringing an end to the case. The lawsuit stemmed from an investigation published by The Guardian in June 2025, which claimed that UnitedHealth had been paying bonuses to nursing home staff to lower hospital transfers for patients covered by its Medicare Advantage plans.

The report was based on whistleblower declarations, interviews with current and former employees, public record requests, and confidential corporate records. UnitedHealth vigorously denied the allegations, accusing The Guardian of cherry-picking emails and intentionally framing the narrative to capitalize on public outrage following the assassination of CEO Brian Thompson in December 2024.

Judge Calvin L. Scott, Jr. remained unconvinced by UnitedHealth's claims, ruling that characterizing the company's bonus payments as 'secret' or made 'quietly' was substantially true. He also wrote that The Guardian is not required to publish facts just because UnitedHealth would have preferred more favorable facts.

The dismissal has been seen as an endorsement of 'deeply sourced, independent reporting' and a denial of UnitedHealth's 'bullying and intimidation tactics'. Kai Falkenberg, general counsel for The Guardian, described the decision as a victory over SLAPP suits, or Strategic Lawsuits Against Public Participation.

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