MediaLawLetter August 2014
LIBEL & PRIVACY
D. Minn.: Jesse Ventura Wins $1.8 Million Jury Verdict Against Estate of “American Sniper” Author
Defamation and Unjust Enrichment Damages Awarded for Bar Fight Report
Ventura v. Kyle
Pa. Cmm. Pleas: Newspapers Win Summary Judgment in Former Housing Authority Director’s Libel Suit
Linguistics Expert’s Testimony Rejected as Unsound and Unnecessary
Greene v. Inquirer
10th Cir.: Unflattering Statements in News Article Written Under False Name Are Not Defamatory
In Context, Challenged Statements Would Not Convey a Defamatory Meaning; Not Otherwise Actionable
Hogan v. Winder
11th Cir.: Georgia’s Anti-SLAPP Law Does Not Apply in Federal Court
Verification Requirement Conflicts With FRCP 11
Royalty Network v. Harris
N.Y. Sup.: NY Daily News Wins Dismissal of Libel and Privacy Claims Over Articles and Tweets
Tweets Were a Fair Index of Linked to Articles
Doheny v. Daily News LLP
Ariz. App.: Replying to Reader Comments Restarted Statute of Limitation in Online Libel Case
Updates and Rebuttals Constituted an Actionable Republication
Larue v. Brown
Me. Super.: California and Maine Courts Foil Candidate’s Attempt to Sue Anonymous Parody Newspaper
Subpoena on ISP Quashed; Attempt to Serve Newspaper’s Counsel Denied
Gunning v. John Doe
INTELLECTUAL PROPERTY
The Lies of Poets: Copyright in Literary Biopics
When Are “Fictional” Episodes Uncopyrightable “Historical Facts”?
7th Cir.: The World’s Greatest Detective and The Public Domain
What Remains of Sherlock Holmes?
Klinger v. Conan Doyle Estate, Ltd
INTERNATIONAL
UK: English High Court Issues First Decision on “Serious Harm” Test in New Defamation Act
Further Case-law Needed to Provide Clarity on the Issue
Cooke and Midland Heart Limited v. MGN Limited and Trinity Mirror Midlands Limited
ACCESS
Md. Cir.: Maryland Media Coalition Wins Attorneys’ Fees Battle
J. Douglas Howard, et al. v. Christian Alexandersen, et al.
Second Circuit Strongly Affirms Right of Access to Judicial Records
Plus Other Access Developments of Note
United States v. Erie County
COMMERCIAL SPEECH
3d Cir. / N.D. Fla.: Federal Courts Focus on First Amendment Freedoms for Attorneys’ Web Advertising
Dwyer v. Cappell; Searcey v. The Florida Bar