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January 2008

MediaLawLetter April 2008


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7th & 9th Cir.: Circuit Courts Consider Scope of Section 230 Immunity
Decisions May Not Substantially Alter Broad Immunity Under Sec. 230
Chicago Lawyers Comm. v. Craigslist; Fair Housing Council v.

N.J.: Reasonable Expectation of Privacy in ISP Subscriber Information
Probable Cause Standard for Law Enforcement
State v. Reid


Ga.: ‘Deal or No Deal TV’ Game Show Promotion Not “Gambling”
Class Action Suit Dismissed
Hardin, et al. v. NBC Universal, Inc.


Ga. App.: Georgia Court of Appeals Sends Libel-in-Fiction Case to Jury
Jury Could Find Novel Stated Actual Facts About Plaintiff
Smith v. Stewart

N.Y. App.: New York Appellate Court Rules City Attorney Not a Public Official
Plaintiff’s Position not Sufficiently Important to Warrant Status
Porcari v. Gannett Satellite Information Network, Inc.

8th Cir.: Jurisdictional Discovery Allowed in Privacy Claim Over Novel
Publisher’s Contacts May Support General Jurisdiction
Steinbuch v. Cutler

S.D.N.Y.: Judge Runs ‘Borat’ Plaintiff Out of Court
Misappropriation Claim Dismissed
Lemerond v. Twentieth Century Fox Film Corp.

S.D.N.Y.: Civil Rights and Emotional Distress Claims to Proceed Against Network
Conradt v. NBC Universal

Ga. App.: $6.35 Million Verdict Against Radio Host and Station Owner Affirmed
Liability Judgment Entered as a Discovery Sanction
Neely v. Strength

S.C. C. P.: Talk Radio Host Wins $1.1 Million Libel Judgment From Rival
Second Recent Judgment Against Defendants
Rhodes v. Rejoice Network

Nev. Dist. Ct.: Judge Grants Summary Judgment to Libel Plaintiff
But Defense Counsel Says Case Is Likely to be Dropped
Rivers v Tribune Media Group

Ohio App.: Fair Report Privilege Protects Broadcast of Wrong Mug Shot
Martinez v. WTVG, Inc.

Tex. App.: Fair Report Privilege Protects Article Based on Police Press Release
Plaintiff Sought to Exclude Evidence of Arrest on Summary Judgment
Goss v. Houston Community Newspapers

Ill. Cir. Ct.: Fair Report, Innocent Construction Defeat Lawyer’s Libel Claim
Article Based on Court Proceedings; Capable of Nondefamatory Meaning
Cueto v. The Madison County Record

Mich. Cir. Ct.: ESPN Wins One From the Gipper
Relatives Sue After Remains of Football Legend are Exhumed
Gipp v. Frueh

5th Cir.: Fifth Circuit Sanctions Libel Plaintiff
Hamad v. Center for Jewish Studies

M.D. Fla.: Florida Court Finds No Jurisdiction Over Washington Website
Website Did Not Target Florida
Internet Solutions Corp. v. Marshall

Me.: Maine’s Anti-SLAPP Statute and “Actual Injury”
Court Strikes Libel Claim Over Letter to the Editor
Schelling v. Lindell

Fla. Cir.; Minn. Dist.: Criminal Libel: An Acquittal in Florida, Charges in Minnesota
Florida v. Adams; Minnesota v. Klebel

9th Cir.: Drug Manufacturer’s Product Disparagement Lawsuit Against
Pharmacy Information Publisher Results in a Series of Significant Decisions
Schering v. First DataBank, Inc.


Me.: Maine Enacts Shield Law To Protect Confidential Sources


Canada: Protecting Confidential Sources in Canada – Good News and Not So Good
St. Elizabeth Home Society v. Hamilton (Kenneth Peters)
R. v. The National Post


C.D. Cal.: Able to Terminate Transfers in a Single Bound
Reflecting on the Superman Copyright Termination Case
Siegel v. Warner Bros. Entertainment


N.D. Ill.: Northern District of Illinois Again Holds Police Disciplinary Files Produced In Civil Case Not Confidential; Media Await Seventh Circuit’s Decision On The Subject
Talbert v. City of Chicago


Newsgathering: MLRC Newsgathering Committee: “Managing Materials”
What Some News Organizations Have Done

Ethics: Consulting Within Law Firms and the Attorney-Client Privilege