Privacy
Ohio Supreme Court Rules That On-Duty Police Can Be Crime Victims Under ‘Marcy’s Law’
Jack GreinerThe majority opinion rejected The Dispatch's arguments that voters who approved the Constitutional amendment would not have understood the amendment to cover police officers acting in the line of duty.
Confessions of an Architectural Tortfeasor: The Buying Beverly Hills Lawsuit
Zoe TakalaAt the center of Dinho is a freedom-of-expression problem with two deceptively simple questions: Can a third party be held responsible for someone else's intrusive acts? And does any form of privacy right extend to the places we live?
Litigation Funding
This paper focuses on the emergence of court rules and orders requiring disclosure of litigation funders to the court, case law addressing the permissible scope of discovery of litigation funders and funding arrangements, and related issues of confidentiality and privilege.
New Jersey Court Promotes Anti-SLAPP in First Appellate Decision
Bruce S. RosenAlthough the decision was narrow, it broadly construed the law, reconciled a court rule to comport with the law, and reconfirmed that a voluntary withdrawal after filing still subjects plaintiffs to mandatory fee shifting.
Split Decision: The Video Privacy Protection Act Circuit Clash
Stosh M. Silivos, Sophie L. Kletzien, and Brandon L. LewisIn 2024, the Second Circuit adopted a broad interpretation of the term “consumer” under the Video Privacy Protection Act, significantly expanding potential liability under the Act. The decision was the first appellate court ruling on the issue, but other federal appellate courts have since weighed in, creating a circuit split that places businesses in uncertain…
Defamation Lawsuit against Baby Reindeer Survives Motion to Dismiss
Rachel OhThe court held that plaintiff, Scottish law graduate Fiona Harvey, sufficiently pled that the series was “of and concerning” her and published with actual malice. Key to the court’s ruling was an opening title card stating “this is a true story” which it found outweighed a disclaimer at the end of each episode that the…
“Vanderpump Rules” Revenge Porn Lawsuit May Proceed, Judge Rules
Matt KristoffersenJudge Crowley reasoned that Madix did not have her boyfriend’s consent to access the contents of his phone.
Court Dismisses False Light Claim Against New York Magazine Over “The Case of the Fake Sherlock”
Kaitlin Gurney, Chad Bowman, and Isabella Salomão NascimentoIn a decision reaffirming the Third Circuit’s actual malice pleading requirement, a Pennsylvania judge granted Vox’s motion to dismiss a renowned armchair detective’s false light invasion of privacy claim.
With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists
David Zeitlin and Robb HarveyTennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.
Jury Awards $25M in Damages, Including $20M in Punitive Damages, for The Oklahoman’s Misattribution of Racial Slur
Michael NorwickActual malice finding and massive punitive award comes notwithstanding the Gannett-owned newspaper’s correction of the error within two and a half hours.