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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.

Committee Materials and Projects

Discovery Roadmap
January 2013

MLRC Jury Instruction Manual
February 2012

Defending Against A Defamation Claim: Post-Publication Considerations
July 2011

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

Annotations To LDRC DCS Survey and Report on Special Procedures and Innovative Techniques for Trying Media Libel Actions Before Juries
August 1989

Special Procedures and Innovative Techniques for Trying Media Libel Actions Before Juries: A Survey and Report
Sept. 1988

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

Juror Attitudes Study 1
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 Pre-Publication / Pre-Broadcast Review Committee Report: Note Retention Policies of Reporters AND Use of “Advice of Counsel” as a Defense by Reporters
Sept. 2002

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

Annotations To LDRC DCS Survey and Report on Special Procedures and Innovative Techniques for Trying Media Libel Actions Before Juries
Aug. 1989

Special Procedures and Innovative Techniques for Trying Media Libel Actions Before Juries: A Survey and Report
Sept. 1988

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

Related Materials
Nov 2019

Espionage Act Prosecutions Against the Press

A collection of resources discussing the legislative history and statutory interpretation of the Espionage Act, assorted First Amendment issues implicated in a prosecution of the press, particular defenses under criminal law, the history of the publication of government secrets in the United States, the historical application of the Act, and more.

Upcoming events
  • Wednesday, December 7 at 2:30pm ET / 11:30am PT

Joint Litigation and Media Copyright Committee Meeting

Join us for a discussion of when a claim “accrues” under the Copyright Act’s 3-year statute of limitations and what constitutes discovery and republication for purposes of the statute of limitations.