Litigation Committee
The Litigation Committee concerns itself with all aspects — pre-trial, trial and post-trial — of defamation and invasion of privacy lawsuits brought against the media. The committee focuses primarily on pre-trial issues, including discovery, dispositive motions and strategic matters as well as trial matters.
Committee Materials and Projects
Discovery Roadmap
January 2013
MLRC Jury Instruction Manual
February 2012
Defending Against A Defamation Claim: Post-Publication Considerations
July 2011
Model Trial Brief (Evidentiary issues including: evidence of unrelated defamation actions; admissibility of expert testimony on fault and meaning; evidence of retraction; and more.)
November 2006
2006 Actual Malice Practice Guide
November 2006
Issue Checklist for Motions to Dismiss and Summary Judgment
September 2004
Use of “Advice of Counsel” as a Defense by Reporters
September 2002
LDRC Model Trial Brief
June 2001
Preliminary Report of Committee on Libel Jury Instructions: DCS’s Libel Jury Reform Project
Aug. 1988
Juror Attitudes Study 3
Private Figure (Gross Irresponsibility)/Newspaper/Defense Win
1985
Juror Attitudes Study 2
Private Figure/Broadcast
1985
MLRC Materials
Bulletins
Bulletin 2004 Issue 3 Part B (Oct. 2004)
2004 MLRC Motion to Dismiss Study
Bulletin 2001 Issue 3 (Aug. 2001)
Includes 2001 Summary Judgment Study
Bulletin 2000 Issue 1 Part 2 (April 2000)
Media Trials at the Close of the Century: Challenge and Change
Bulletin 1999 Issue 3 Part 2 (Dec. 1999)
Significant Developments Part II: The Media at the Millenium: A Collection of Articles on Significant Issues and Developments of the 1990’s
Bulletin 1999 Issue 2 (July 1999)
The Texas Interlocutory Appeal Statute
Bulletin 1997 Issue 3 (July 1997)
LDRC 1997 Report on Summary Judgment (includes articles and study)
Bulletin 1997 Issue 2 (April 1997)
Damage Considerations When the Press is Sued for Gathering the News
Bulletin 1996 Issue 2 (April 1996)
LDRC Motion to Dismiss Study: Motions to Dismiss in Libel, Privacy, and Related Actions, 1981-1995
Bulletin 1995 Issue 3 (July 1995)
Summary Judgmment Update Part II: Summary Judgment Motions in Defamation Actions, 1986-1994
Bulletin 1995 Issue 2 (April 1995)
Summary Judgment Update: Part I: Practitioners’ Roundtable
Bulletin 1994 Issue 3 (July 1994)
includes “Jury Instructions on Damage Isssues” article
Bulletin Issue 24 (Winter 1988)
Punitive Damages in Libel Actions: An LDRC Status Report and Roundtable Discussion
Bulletin Issue 22 (Summer 1988)
LDRC Juror Attitudes Study III: Private Fiqure (Gross Irresponsibilty) / Newspaper/Defense Win
Bulletin Issue 19 (Spring 1987)
LDRC Study 18 — Summary Judgment Motions in Libel Actions: Two-Year Update (1984-1986)
Bulletin Issue 15 (Fall 1985)
LDRC Juror Attitudes Study II: Private Figure/Broadcast
Bulletin Issue 14 (Summer 1985)
LDRC Jury Attitudes Study
Bulletin Issue 12 (Winter 1984)
LDRC Study # 6 — Summary Judgment Motions in Libel Actions: Two-Year Update
Bulletin Issue 11 (Summer/Fall 1984)
LDRC Jury Project — Part 2: Jury Instructions on File at LDRC
Bulletin Issue 10 (Spring 1984)
Private Figure Libel Standards Under Gertz — Is the Battle Really Lost (Part III)
Bulletin Issue 9 (Winter 1983-1984)
Private Figure Libel Standards Under Gertz– Is the Battle Really Lost? (Part II)
Bulletin Issue 8 (Fall 1983)
LDRC Study #4 – Motions to Dismiss in Media Libel and Privacy Actions
Bulletin Issue 6 (Winter 1983)
Private Figure Fault Standards Under Gertz — Is the Battle Really Lost
Bulletin Issue 4, Part 2 (Oct. 1982)
LDRC Sudy: Summary Judgment in Libel Litigation: Assessing the Impact of Hutchinson v. Proxmire
Bulletin Issue 2 (Fall 1981)
Expert Testimony – Interim Report
Bulletin Issue 1 (Summer 1981)
Inquiries: Use of Expert Witnesses, Briefs Sought on Gertz Standards
Trial Tales
Trial Tales 2010 (Sept. 2010)
Trial Tales 2008 (Sept. 2008)
Trial Tales 2006 (Sept. 2006)
Trial Tales 2004 (Sept. 2004)
Trial Tales 2001 (Sept. 2001)
Trial Tales 1999 (Sept. 1999)
Trial Tales 1997 (Sept. 1997)
Trial Tales 1995 (Sept. 1995)
Trial Tales 1993 (Sept. 1993)
Trial Tales 1991 (Sept. 1991)
Miscellaneous
A Privileged Position: When Denial of Evidence Justifies Dismissal of Defamation Claims
Pre-Trial Committee, Dec. 2009
Motion To Stay Discovery Pending Resolution Of A Dispositive Motion
Pre-Trial Committee, Nov. 2008
Excluding Expert Witnesses in Actual Malice Cases
Pre-Trial Committee, Nov. 2008
Prevailing on Summary Judgment Under a Negligence Standard
Pre-Trial Committee, Oct. 2008
Reporter’s Privilege: Can it be Perserved in a Civil Lawsuit Against the Press
April 2008
LRC Jury Debriefing Project Ad Hoc Committee Page
Jury Debriefing: Gill v. ABC (Mock Trial)
Nov. 2003
Jury Debriefing: Sweeny v. New York Times
Nov. 2003
LDRC Model Trial Brief
June 2001
2000 Jury Instructions Manual
Nov. 2000
Bench Media Project
June 2000
Issue Checklist for Motions to Dismiss and Summary Judgment in a Defamation Action (2000)
Trials Of A Generation
MLRC report, Jan. 2000
Arguing for the Protection of Opinion in the Aftermath of Milkovitch v. Lorain Journal (1992)
LDRC Recap and Update: Trial Results, Damage Awards and Appeals, 1980 -89 and 1990-91
MLRC staff report, July 1992
Jury-Related Information in Recent Libel Trials: A Survey of Attorney Awareness
Prepared in conjunction with the ANPA/NAB/LDRC Libel Trial Symposium, Aug. 1985
Reflections on Westmoreland v CBS: An Interview with Jurors and Defense Counsel
Aug. 1985
