MediaLawLetter August 2008

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LIBEL / PRIVACY

4th Cir.: Court Rejects Defamation Suit by Military Contractor at Abu Ghraib
First Amendment Right to Criticize the Government and Government Contractors in Time of War Upheld
CACI v. Rhodes

Ill. App.: Illinois Appellate Court Affirms Tribune Jury Verdict
No Actual Malice in Newspaper Article About Prosecutor
Knight v. Tribune

Ind. Cir. Ct.: Policeman Wins $1.5 Million in Libel Suit Against Indiana Star-Tribune
Newspaper Reported Misconduct Allegation
Maynard v. Tribune-Star Publ. Co.

M.D. Fla.: Wrongful Death Claim Against CNN, Nancy Grace Survives Motion to Dismiss
Plaintiffs Stated Claim Under Notice Pleading Standard
Duckett v. CNN

D. Me.: Print-On-Demand Publisher Not Liable For Tort Claims
Court Holds That Without Knowledge There Can Be No Liability
Sandler v. Calcagni

Tex. Dist. Ct.: Texas Jury Finds for Political Newsletter
Charges of Vote Buying Not Proven False
Dixon v. Martin

1st Cir.: Court Affirms Summary Judgment Dismissing University Official’s Libel Case
Plaintiff Deemed a Public Official
Fiacco v. Sigma Alpha Epsilon Fraternity

S.D.N.Y.: No Viable Claim for Prima Facie Tort After One Year
Court Rejects Attempt to Evade Limitations for Intentional Torts
McKenzie v. Dow Jones & Company, Inc.

N.Y. Sup. Ct.: Court Tosses Parts of Suit Based on Article About Plaintiff’s Sex Assault Lawsuit
Ava v. NYP Holdings, Inc.

Cal.: Supreme Court To Decide Burden of Proof in the “Commercial Speech” Exemption to California’s anti-SLAPP Statute
Simpson Strong-Tie Co. v. Gore

REPORTER’S PRIVILEGE

Pa. C.P.: Pennsylvania Judge Quashes Subpoenas to Reporters in High Profile Inquiry into Alleged Grand Jury Leaks
In re Dauphin County Fourth Investigating Grand Jury (Petition of DeNaples)

INTERNATIONAL

England: Max Mosley Wins Privacy Case Against Tabloid
F1 Boss Has Sick Orgy With 5 Hookers – But Not, As It Turns Out, A Nazi Orgy
Mosley v. News Group Newspapers Limited

UK / ECHR: The Other Side of the Pond – Developments in the United Kingdom and Europe

COPYRIGHT

N.D. Cal.: Court Summarily Dismisses Copyright and RICO Lawsuit Filed by Talk Show Host Michael Savage
Defendant Entitled to Use Audio Excerpts for Criticism
Savage v. Council on American Islamic Relations, Inc.

2d Cir.: DVR System Not a Direct Infringement of Content Owners’ Copyrights
“Who’s Doing the Copying?”
The Cartoon Network LP v. CSC Holdings, Inc. and Cablevision Systems Corp.

ACCESS

3d Cir.: Third Circuit Finds Right Of Access To Juror Names Before Commencement Of Criminal Trial
Presumptive Right of Access Prior to Empanelment
United States v. Wecht

N.D.: North Dakota Supreme Court Clarifies Standard for Releasing
Juror Questionnaires After Criminal Trials
Forum Communications Co. v. Paulson

Wash.: Washington Supreme Court Holds Teachers Accused of Sexual Misconduct
Need Not Be Identified in Public Records if Allegations Are “Unsubstantiated”
Bellevue John Does 1-11 v. Bellevue Sch. Dist No. 405

Tex. App.: Court Orders Priest Sex Abuse Records Unsealed on Newspapers’ Motion
Disclosure of Alleged Crimes Not a Violation of Privacy
Nguyen v. The Dallas Morning News, L.P. and The Fort Worth Star-Telegram

ETHICS

Ethics Corner: Ethical Issues in Outsourcing Legal Work Overseas