Samantha Markle plans to ask Kate Middleton for a witness statement as she officially files appeal against judge’s dismissal of her defamation case against half-sister Meghan but says: ‘Her recovery is a priority’

Samantha Markle’s legal team will ask the Princess of Wales  for a witness statement as the estranged half-sister of Meghan attempts to continue her defamation lawsuit against the Duchess of Sussex in a Florida court. 

It was earlier reported that Samantha’s lawyer, Peter Ticktin, had filed an appeal to Judge Charlene Edwards Honeywell’s March ruling that Meghan’s comments during the couple’s 2021 interview with Oprah Winfrey did not merit defamation. 

The suit was dismissed with prejudice, meaning that it cannot simply be refiled. 

Despite the request, Samantha, 59, has stressed that the Kate Middleton’s ‘cancer recovery is priority.’

‘I think it’s important everyone know that this was out there by my attorney before anyone was aware of her health challenges,’ Samantha told former GB News host Dan Wootton. 

On March 18, Ticktin told Wootton during an episode of his Outspoken online talk show that he felt as though the princess would be able to provide a useful witness statement in the trial.  

‘I felt that Catherine might have some very important light to shed on what had occurred because obviously something is really really wrong between these two.’ 

That came just four days before the princess shocked the world by disclosing that she was battling cancer. MailOnline has reached out to Kensington Palace and Samantha Markle’s legal team for comment. 

It wasn’t until this week when it was announced that Samantha was still battling in court to continue her lawsuit against Meghan. 

Judge Honeywell said that the case should be dismissed because Samantha ‘failed to identify any statements that could support a claim for defamation.’ 

‘Notice is hereby given that the Plaintiff, Samantha M. Markle, by and through her undersigned counsel, appeals to the United States Court of Appeals for the Eleventh Circuit from the Order Granting Defendants, Meghan, the Duchess of Sussex, Motion to Dismiss entered by the Honorable Charlene Edwards Honeywell on March 12, 2024,’ the appeal document reads. 

There have been no official updates on the Princess of Wales’ condition since her earth-shattering announcement last month.  

Princess Catherine had what was described as abdominal surgery on Jan. 16. The news wasn’t announced until the next day, when Kensington Palace revealed that she was recovering from a planned operation.

At the time, officials said her condition wasn’t cancerous but did not specify what kind of surgery, saying only that it was successful. 

During the video announcement, the princess said: ‘Tests after the operation found cancer had been present,’ and that she was in the early stages of treatment.

She didn’t say what kind of cancer was found, nor did she give details of her chemotherapy. The statement from Kensington Palace said the princess found out about the cancer after post-surgery tests were done. 

The palace statement said no details would be provided about her cancer or her treatment, other than she started it in late February.

‘We will not be sharing any further private medical information. The Princess has a right to medical privacy as we all do,’ the statement said.

The March decision spared Meghan from a trial which was set to take place at the court in Tampa in November.

Samantha has been seeking at least $75,000 for defamation and defamation by implication for Meghan suggesting to Oprah that she grew up as an only child.

Meghan also said that Samantha only changed her name back to Markle after she began dating Harry.

According to Samantha, Meghan made similar claims in the Netflix series and the allegations subjected her to ‘humiliation, shame and hatred on a worldwide scale’.

In her 58-page ruling, Judge Honeywell said that Meghan’s statements could not be defamatory because they are ‘substantially true based on judicially noticed evidence’ or ‘not capable of being considered defamatory.’ 

Samantha had failed to ‘plausibly allege that they are defamatory in the first place’, the judge said.

The judge noted that Meghan’s comments about her childhood was her ‘merely opining’ that she did not have a close relationship with Samantha, her half sister with whom she shares a father.

Judge Honeywell said that Samantha’s claim that Meghan ‘implied that (she) was a liar and a fame-seeker’, was an ‘improper mischaracterization’ of what the Duchess said.

Turning to Meghan’s statement that Samantha changed her name from Rasmussen, her married name, back to Markle after the Duchess began dating Harry, the judge said that ‘the gist was true’.

She wrote: ‘That Plaintiff used one last name and then the name Markle soon after reports of Defendant’s relationship with Prince Harry were published is substantially true, based on the exhibits in the record, of which the Court has taken judicial notice.’ 

Among the statements in Samantha’s claim was one by Harry in the Netflix series in which he said: ‘Perhaps the most troubling part of this is the number of British journalists interacting with and amplifying the hate and the lies’.

But Judge Honeywell said: ‘That this statement was included in the complaint is perplexing and suggests haste, a misunderstanding of the law, or a lack of diligence on the part of plaintiff’s counsel. 

‘It is unclear how this statement could be defamatory towards Plaintiff, as it does not reference her’.

In her conclusion, Judge Honeywell wrote: ‘Plaintiff’s claims will be dismissed with prejudice, as she has failed to identify any statements that could support a claim for defamation or defamation-by-implication by this point, her third try at amending her complaint, in either the book Finding Freedom, the Netflix series Harry & Meghan, or Defendant and her husband’s hour-long televised CBS Interview’.

The case was originally filed in March 2022 and in legal filings Samantha detailed at length how she was ‘very close’ to Meghan when they grew up in Los Angeles. 

Samantha helped Meghan with her homework, took her shopping and had a ‘wonderful relationship’ with her, it was claimed.

But once Meghan began to become famous on the TV series Suits, she ‘no longer had time’ for Samantha and by 2016 they had stopped visiting each other, it was claimed.

The lawsuit claimed that once Meghan met Harry she became ‘hostile’ to Samantha as well as the rest of her family.

The ‘defining moment’ of Meghan’s ‘unwarranted hostility’ towards Meghan happened in 2017 when the Duchess allegedly ‘hung up the phone immediately’ upon hearing Samantha’s voice.

 Samantha called back but ‘to this day Meghan has never returned Samantha’s phone call’, she claimed.

Since then Meghan has ‘belligerently attempted to malign Samantha and other family members’, the lawsuit states.

Meghan’s method is to ‘terminate friendships, rather than save them, and for her to become hostile’, the lawsuit claims.

Before her wedding in 2018, Meghan and Samantha’s father Thomas Sr suffered two heart attacks but instead of showing him ‘grace and compassion, she effectively terminated her relationship’.

Thomas Sr had been caught posing for photos with a paparazzi agency and Meghan has publicly claimed that she did not believe he was telling her the truth.

After that it is alleged that Meghan ‘started her smear campaign and ongoing deluge of distorted facts and stories, complete with fake quotes about and ‘by’ Samantha’.

The lawsuit even claims that Meghan has ‘encouraged hatred of Samantha through a bot network which caused great harm to Samantha’.

Samantha and Meghan have had a difficult relationship for years which exploded into public view after Meghan’s engagement to Harry was announced in 2017.

Samantha was quoted by journalists as saying that ‘The Queen would be appalled’ and called her a ‘ducha**’ on Twitter.

In her memoir, titled ‘The Diary of Princess Pushy’s Sister’, Samantha claimed that Meghan ordered their father to disown his children from his first marriage if he wanted an invitation to her wedding.

According to the book, Meghan told Thomas Sr to divorce himself from her and her brother Thomas by saying: ‘You don’t need them!’

Thomas Sr refused and supposedly said: ‘I love you all equally’ to which Meghan replied: ‘Why can’t you just comply?’