Judge says he'll dismiss Palin's landmark libel lawsuit against NYT

The New York Times was handed a small victory on Monday, after a New York district judge said he would dismiss a landmark defamation case brought against it by former Alaska Gov. Sarah Palin.

Driving the news: In an unusual decision ahead of the jury vote Monday, Judge Jed S. Rakoff said Palin failed to prove the New York Times acted with "actual malice," per NPR's David Folkenflik.

Be smart: In dismissing the case, the judge opens up the opportunity for Palin's legal team to appeal the jury's decision in an appellate court.

The jury was still deliberating when the judge made the announcement and is unaware of the decision. Rakoff said that because the case would likely go to appeal, he would allow the jury to continue deliberations.

Palin and her legal team sued The Times and its former editorial page editor James Bennet for libel, arguing they used "actual malice" in publishing an editorial that falsely linked her to a 2011 mass shooting.