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April 2014

MediaLawLetter April 2014


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Supreme Court Strikes Aggregate Contribution Limits on First Amendment Grounds
The Meaning of McCutcheon
McCutcheon v. FEC

Supreme Court Decisions May Impact Personal Jurisdiction in Online Libel Suits
Is Zippo Flaming Out?
Daimler AG v. Bauman;Walden v. Fiore


3d Cir.: Court Affirms Summary Judgment for Author & Book Publisher
Publisher Had No Duty to Fact Check Author’s Work
Crescenz v. Penguin Group (USA), Inc.

Pa. Super.: Pennsylvania Court Orders Third Trial in Long-Running Newspaper Libel Case
Newspaper Has Moved for Rehearing
Joseph v. Scranton Times

Fla. App.: Blogger Entitled to Pre-Suit Retraction Demand for Alleged Defamatory Comments in Blog
Victory for Independent News Gathers and Publishers
Comins v. VanVoorhis

S.D. Cal.: Science Journal Wins Anti-SLAPP Motion
Article Protected by Common Interest Privilege; No Evidence of Malice
Critical Care Diagnostics, Inc. v. American Association for Clinical Chemistry

Texas App.: Texas Court Strictly Construes SLAPP Statute’s Commercial Speech Exemption
Approves $75,000 in Sanctions
Kinney v. BCG Attorney Search, Inc.

S.D.N.Y.: Motion to Dismiss Libel Suit on Statute of Limitations Grounds Denied
Online Version May Be Intended for Separate Audience
Brown v. American Media, Inc. and Derrick Handspike


Tex. App.: Section 230 Bars Tort Claims Against Host of Revenge Porn Website
Affirms Broad Scope of Statutory Protection, LLC v. Toups


C.D. Cal.: Quentin Tarantino’s Contributory Copyright Infringement Claim Against Gawker Dismissed
Gawker Did Not Invite Readers to Make Infringing Use of Screenplay
Tarantino v. Gawker Media

S.D.N.Y.: EBook Not a Derivative Work Under Copyright Restoration Statute
A Change in Medium Only Not a New Derivative Work
Peter Mayer Publishers Inc., d/b/a Overlook Press v. Shilovskaya

M.D. La.: Court Rejects Trademark Infringement Claim Against
Group Sued Over Use of Tourism Logo
Dardenne v. MoveOn.Org


S.D.N.Y.: Court Rejects Subpoena Seeking Documents Leaked to the New York Times
Newspaper Successfully Objected on the Basis of Gonzales
New England Teamsters & Trucking Industry Pension Fund v. The New York Times Company


UK: Across the Pond: UK Media Law Developments
No Special Constitutional Rights for Journalists; Prince Charles’ Diary and More
Miranda v Secretary of State for Home Department; R (Evans) v Attorney General; R (BSkyB) v Commissioner of Police

Privy Council: Journalist’s Conviction for ‘Scandalising the Court’ Overturned by Privy Council
Offense Can No Longer Be Treated as a Strict Liability Crime
Dhooharika v Director of Public Prosecutions


E.D. Cal.: Judge Unseals “Squeaky” Fromme Shrink Report
Manson Follower Made Attempt on President Ford’s Life
United States v. Fromme

4th Cir.: Company “D’oh!”: Fourth Circuit Reaffirms Public’s Right to Access Judicial Records
Rebukes District Court for Wholesale Sealing to Protect Corporate Reputation
Company Doe v. Public Citizen

Fla. App.: Court Reverses Trial Court Orders Excluding Media From Jury Selection
Lower Court Erred in Ruling in High Profile Murder Trial
Morris Publishing Group v. Florida and Dunn

2d Cir.: Court Rules for New York Times in FOIA Case Over Targeted Killings
DOJ Memo Sets Out Legal Rationale for Killing Terror Suspects
New York Times v. U.S.

9th Cir.: Lawsuit Challenging State Court Access Delays Belongs In Federal Court
Reverses District Court’s Dismissal on Federal Abstention Grounds
Courthouse News Service v. Planet


Ethics Corner: Where Is the Line on Advising Clients Regarding Direct Contact With Represented Parties?