Yeah... I don't do litigation at all so really I have no idea and jimcanuk is probably more expert than I at the subject but Bauer's claim seems pretty flimsy on the whole "actual malice" part. Like, the media for sure reported and spread some information that was not factual but actual malice? Really? I dunno.
And the stories being referenced from when Bauer was a free agent are kind of funny because of how TRUE they are in hindsight. Like, Ken reported teams were wary of signing Bauer because he might be a distraction? Well f*** yeah, look what happened lmao. So have fun in court with that argument, Bauer lawyers.