Appeals courts have all ruled in favour of Gawker in other parts of this case.
Hogan got the ruling he did because he sued in Florida thus giving him the home court advantage among the jury, it's also why Gawker lost so one sidesly.
Quite frankly they deserved to lose. Gawker's ethically bankrupt and gives the entire profession a bad name. FOX News manages to be a more ethical news organization than Gawker--and that says a lot.