Jake Wunsch
Although upholding the lower court’s decision, the Illinois Appellate Court arguably crafted a new framework to determine whether a forum selection clause applied to tort claims.
Illinois Court Sends Windy City Rehab Defamation Claims to California
Although upholding the lower court’s decision, the Illinois Appellate Court arguably crafted a new framework to determine whether a forum selection clause applied to tort claims.
Illinois Court Upholds Summary Judgment in Favor of Crain’s Chicago Business Against Attention-Seeking Tech CEO
The court entered summary judgment in favor of the defendants, finding that Joseph Fox was a limited purpose public figure who failed to introduce any evidence of actual malice, that the statements in the article were substantially true, and that one of the statements was not actionable under the Illinois innocent construction rule.
Eighth Circuit: Post-Complaint Hyperlink to Unchanged Story Constitutes a Republication, May Show Actual Malice
A federal court partially reinstated Devin Nunes’s defamation lawsuit over an Esquire article, determining that some libel-by-implication claims were actionable, and that a post-publication tweet, after the reporter had received Nunes’s denial, could evidence actual malice.
Media Clients Exonerated in Maine Libel Case
A federal judge sided with Maine ‘s two largest newspapers in a libel lawsuit filed four years ago by a former VA doctor.
Florida Court Applies Fair Report Privilege to Toss Former State Investigator’s Libel Suit Against Local Station
The court entered final summary judgment in favor of the station and reporter Bob Norman, finding, among other things, that what they had reported was true in all material respects.
At Long Last: A Successful In-Person Virginia Conference
If the operative quote of the last 20 months was “You have to unmute yourself,” the most oft spoken words at the Conference were, “This is so much better than Zoom.”
New York Federal District Court Dismisses Financier’s Libel Case
The decision covers a number of issues of current interest to the media bar, including the circumstances in which hyperlinking to an earlier, allegedly libelous article is a republication starting a new limitations period, the scope of the “issue of public interest” standard in the recently-enacted amendments of New York Anti-SLAPP statute, and the actionability…
Ninth Circuit Unanimously Affirms First Amendment Protection for Rachel Maddow’s “Paid Russian Propaganda” Commentary
The Court held that the Southern District of California correctly granted Defendants’ anti-SLAPP motion because Ms. Maddow’s statement that OAN “really literally is paid Russian propaganda”—in the context of her broadcast, in which she employed entertaining and hyperbolic language while commenting on a matter of public concern and fully disclosing the facts—“is well within the…
Times v. Sullivan, Rosenbloom, and Justice Gorsuch: Where is SCOTUS Heading?
Here are a few personal thoughts on the issue – first, on the need for the continued reliance on the actual malice rule; and, second, dealing with the criticism of the public figure (as opposed to public official) categorization by a return to the Rosenbloom rule.
Some DNA Issues for Art Law
DNA can contribute powerfully to attribution and authentication of artworks, and thus to historic and market value.