MediaLawLetter August 2009

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SUPREME COURT

U.S.: Twombly and Iqbal: New Tools For Early Disposition of Defamation Claims In Federal Court
Complaint Must State a “Plausible” Claim for Relief
Bell Atlantic Corp. v. Twombly; Ashcroft v. Iqbal

U.S.: Sidebar: Iqbal v. Ashcroft

LIBEL & PRIVACY

N.D. W. Va.: Hello Iqbal, Goodbye Lawsuit
Court Dismisses Defamation Action Against Author and Publisher Filed by a Convicted Felon
Serian v. Penguin Group

Tex. App.: Divided Court Denies Summary Judgment to Newspaper Over Political Ad
Ad Not Protected by Fair Report Privilege; Not Substantially True
Freedom Communications Inc. d/b/a the Brownsville Herald and the Valley Morning Star v. Coronado, et al.

S.D.N.Y.: Sufficient Evidence of Actual Malice to Send Libel Case Against Author to Trial
But Summary Judgment Granted for Publisher; No Duty to Fact Check Book
Stern v. Cosby

D.C. App.: District of Columbia Applies First Amendment Protections to Anonymous Internet Communications
High Threshold to Obtain Identity of Anonymous Individual
Solers, Inc. v. John Doe

N.Y. Sup. Ct.: Google Ordered to Identify Anonymous Blogger
No Anonymity for Creator of Website Called “Skanks of NYC”
Cohen v. Google, Inc.

Ga. Sup. Ct.; E.D. Va.; N.Y. Sup.: Three Bloggers Face Trials
One Win, One Loss, One Draw
Hammit v. Busbin; Cretella v. Kuzminski; Sollami v. Shepard

Cal.: Sweet Victory For Nestlé In Misappropriation Case
Single Publication Rule Applies to Misappropriation, Publicity Claims
Christoff v. Nestle

2d Cir.: Court Affirms Dismissal of Putative Class Action Libel Suit Against “American Gangster” Movie
Group Libel Doctrine Bars Claim
Diaz v. NBC Universal, Inc.

NEWSGATHERING

N.Y. Sup. Ct.: Court Dismisses Alleged Breach of Oral News Embargo Claim by Disgruntled Source
Reluctant to Enforce Vague, Oral Contract Where First Amendment Rights May Be Affected
Aretakis v. Hearst

COPYRIGHT

9th Cir.: Voluntary Dismissal And Fee Awards In Copyright Cases
Ninth Circuit Reverses Course
Cadkin v. Loose

E.D. Tex.: Court Reject’s Copyright Plaintiff’s New Trial Motion in Infringement Suit Over Movie
Defense Verdict Not Against Weight of Evidence
West v. Perry

E.D. Pa.: Fair Use Stake Driven Through The Heart Of Monster Copyright Claim
Use Of The Magazine Covers And Artwork Was Fair
Warren Publishing v. Spurlock d/b/a Vanguard Productions

N.D. Cal.: Copyright Claim Against Blogger Dismissed
Use of Plaintiff’s Photos on Gripe Site Deemed a Fair Use
Sedgwick Claims Management Services, Inc. v. Delsman

INTERNET

N.D. Cal.: Complaint Against Google for Ringtone Advertisements Dismissed
Plaintiff Failed to Plead “Plausible” Facts to Avoid Section 230
Goddard v. Google, Inc.

S.D.N.Y.: Shooting Victim’s Complaint Against Craigslist for Sale of Gun Dismissed
Complaint Barred by Section 230
Gibson v. Craigslist

ACCESS

2d Cir.: Second Circuit Denies Public Access To Wiretap Material In Spitzer Case
Rejects Common Law and First Amendment Claims for Access
In the Matter of the Application of the New York Times Co. to Unseal Wiretap & Search Warrant Materials