All Articles
Everything MLRC has published, in any publication, since 2017.
Roy Moore Defamation Claim Over Political Ad Headed to Trial
J. Evans BaileyThe trial will mark the second defamation trial in Alabama in the last six months related to allegations of sexual impropriety which arose during Moore’s 2017 campaign for the United States Senate seat vacated by Jeff Sessions.
How Virginia Law Paved The Way for Depp v. Heard
Brandon H. Elledge, Timothy Taylor, Christine N. Walz, and Caitlin A. EberhardtIn the wake of the recent trial and verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors that led to this result.
A New World of Intangible Property: NFTs and IP Rights
Milton Springut and Stephanie M. SmithAn exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.
MLRC Zoom Preview: Judge Michael Luttig – Trump’s Shenanigans in the 2020 Election Were Just a Dry Run for 2024
George FreemanFormer Fourth Circuit Judge Michael Luttig will discuss the House Select Committee hearings, the constitutional issues surrounding efforts to prosecute Trump for speech related crimes or other malfeasance, and the state of our democracy.
Second Circuit Affirms CNN Win in Devin Nunes Lawsuit
Stephen J. Fuzesi & Matthew J. GreerIn a ruling that hinged on a choice-of-law determination in favor of California law, the Second Circuit affirmed the dismissal of a defamation lawsuit filed by former California Congressman Devin Nunes against CNN arising out of coverage of the first Trump impeachment.
Banks v. Cadwalladr – Meaning, Intention & Public Interest
Emma LinchThe length and detail of the judgment demonstrates the level of detail required to succeed in a public interest defence.
California Recognizes “Constructive Denial” Doctrine Under Public Records Act
Steven ZansbergThe court’s holding that the reporter was entitled to bring his lawsuit challenging the non-response has far-reaching consequences and has been hailed as a major victory for transparency in California.
News Anchor’s Right of Publicity Claims Can Proceed to Discovery
Tobin RajuThe court recognized Hepp sufficiently alleged that she had spent considerable time and effort cultivating an image, implying, but not expressly holding, her image had commercial value.
Minnesota Court Quashes Subpoena to Local Reporter Who Interviewed Jailed Suspect
Isabella Salomão NascimentoThe ruling is a clear recognition of the strength of the Minnesota Free Flow of Information Act, its processes, and the Act’s expansive definition of who qualifies for its protection.
Second Circuit Affirms That Screenshot of Photograph Is Fair Use
Eleanor M. Lackman and Lindsay R. EdelsteinThe court affirmed that Mic’s use of a composite screenshot from a New York Post article to report, criticize, and comment on the article, its subject, and the resulting backlash, was a fair use.
Parody Play “Vape” Receives Positive Review From SDNY
Judith B. BassThe Court found that Vape constituted a fair use of Grease. In addition, the Court rejected Defendants’ claim that Plaintiff had infringed on the Grease trademark in its use of the mark in the opening credits.
Section 230 Does Not Apply to Retweet Because Author Said He “Vouch[ed] for” the Retweeted Article
Sara Benson & Cindy GierhartThe Court held that Section 230 “may provide immunity for someone who merely shares a link on Twitter” but “it does not immunize someone for making additional remarks that are allegedly defamatory.”
Texas Lacks Jurisdiction for Defamation Suit Over Docudrama
Cameron Stracher and Sara TesorieroLocation, location, location. The real estate axiom has never been more relevant to defamation cases in light of the hodge-podge of state anti-SLAPP statutes, and federal courts’ interpretation of those laws.
Florida Court’s Split on Appealability of Anti-SLAPP Denials
Minch MinchinA recent decision from Florida’s Second District Court of Appeal has teed up for the state Supreme Court the issue of whether a trial court’s denial of an anti-SLAPP motion is immediately appealable.
Washington Federal Court SLAPPs Project Veritas Lawsuit
Bruce E.H. JohnsonIn May 2022, not surprisingly, given Washington’s pioneering role, Judge Thomas S. Zilly, a federal judge in Seattle, became the first judge to grant a UPEPA motion for expedited relief and dismissal under the state’s new anti-SLAPP law.
Trump’s Use of Phrases Like “Kung Flu” and “China Virus” to Describe Covid-19 Is Not Defamatory
Alexa MillingerThe court viewed Trump’s statements as referring to all Asian-Americans with no specific reference to any member of the plaintiff organization that would support a group libel doctrine theory.
Los Angeles Jury Sides with Kardashian/Jenner Family in Lawsuit Brought by Reality-TV Personality Blac Chyna
Rochelle Wilcox and Sam Cate-GumpertThe trial focused on two issues – whether it was substantially true that Chyna had assaulted Rob in December 2016, and whether the Defendants’ statements to the E! network were the proximate cause of its decision to not exercise its option for a second season.
On Leakers and Lakers: Reflections on Two Recent MLRC Zoom Sessions
George FreemanMLRC's executive director reflects on tthe recent SCOTUS leak, and a retraction demand sent by Jerry West to the producers of HBO's "Winning Time."
Northern District of California Dismisses Case Against Facebook and Twitter
Allyson Veile and Maggie StrouseThe decision joins the growing collection of case law rejecting First Amendment claims against social media companies for exercising control over the content that appears on their platforms.
California “Public Right to Know” Bill Would Increase Access to Settlement Docs
Tracy RaneThe bill creates a presumption that no court order may conceal information about a defective product or an environmental hazard that poses a danger to public health or public safety unless the court finds that the public interest in disclosure is clearly outweighed by a specific and substantial need for secrecy.
