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January 2005

MediaLawLetter December 2005


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Speakers Bureau on the Reporter’s Privilege

Ethics: Multi-Jurisdictional Practice And The In-House Lawyer
The Finish Line May Be In Sight


Va. Cir. Ct.: Prosecutor Wins $75,000 Libel Award Against Weekly Newspaper
Jury Finds Newspaper Recklessly Published Letter
Ziglar v. Media Six, Inc.

Mass. Super. Ct.: Judge Murphy Apologizes for Letters to Herald Seeking to Deter Newspaper’s Appeal
Victorious Trial Plaintiff Sent Letters on Court Stationery
Murphy v. Boston Herald

Ark App.: Arkansas Appeals Court Affirms Punitive Damage Award
8 to 1 Ratio of Punitive to Compensatory Approved
Superior Federal Bank v. Jones & Mackey Construction

2nd Cir.: Second Circuit Affirms Dismissal of Complaint Over Book Review on
Complained of Statements Matters of Opinion
Fleiss v. Wiswell

W.D. Tex.: Private Facts Suit Over Newsworthy Article Survives Motion to Dismiss
Allegedly Leaked Information Not Publishable
Lowe v. Hearst Communications

Tex. Ct. App.: Dallas Morning News Wins “Pet Psychic” Libel Case
Column Privileged as Fair Comment
Humane Society. v.Dallas Morning News

Colo D. Ct.: Judge Dismisses $100 Million Libel Suit Against Colorado Newspaper
Reports Were Substantially True & Privileged
Larson v. Greeley Publishing

D. Or.: Radio Show Host Wins Dismissal of Lawsuit Under Oregon’s Anti-SLAPP Statute
Statements Were Protected Opinion
Gardner v. Martino

Ill Cir. Ct.: $1 Million Libel, False Light Suit Dismissed
Law Student’s Case Thrown Out as Legally Insufficient
Silverman v. Wednesday Journal

D. Kan.: Publisher’s Civil Rights Claims Over Threatened Criminal Libel Prosecution Dismissed
Criminal Libel Constitutional
How v. Baxter Springs

Ill. App. Ct.: Skirmishing Continues in Illinois Supreme Court Chief Justice Defamation Suit
Supreme Court Has Not Issued Ruling on Motion to Disqualify
Thomas v. Page, et. al,

N.Y. App. Div.: Summary Judgment Denied in Photo Misidentification Case
Plaintiff identified as a “Convicted Sex Offender”
Thomas v. Journal Register Co. & Saratogian LLC

Mich.: Court Dismisses Libel Action on Limitations Grounds
One year limitation can’t be extended based on republication
Mitan v. Campbell


M.D. Pa.: “Intelligent Design” Trial Raises Reporters Privileges Issues
Both Sides Sought Testimony from Reporters
Kitzmiller et al. v. Dover Area School District

MLRC: Reporter’s Privilege Issues Arise in Criminal Investigations and Trials
Five Matters This Month Involving Journalists in Criminal Investigations


US: Supreme Court Denies Cert. in Pop Up Ad Case
Lanham Act Allows Juxtaposition of Marks
1-800 Contacts, Inc. v., Inc.


Canada: Awaken The Litigation Within
Tony Robbins Wins a Mixed Victory in Canadian Libel Trial
Robbins v. Pacific Newspaper Group Inc.

Canada: Canadian Libel Law: A Primer

Australia: Australia Nearing Uniformity In Defamation Law
Uniform Defamation Law Goes Into Effect January 1, 2006

UK: Conditional Fees – How the UK Courts Will Restrict Claimant’s Costs
Musa King Costs Decision May Reign in Costs
Musa King -v- Telegraph Group Ltd

UN: U.N. Panel Declares Criminal Libel Prosecution Violates Rights Treaty
Human Rights Committee Ruling Comes in Case From Serbia and Montenegro
Bodrožic v. Serbia and Montenegro


Fla. Dist. Ct. App.: Florida Court Upholds Right of Access to Crime Scene Photos
Press Inspects Photos in Carlie Brucia Murder Trial
Sarasota Herald-Tribune v.State


7th Cir.: Seventh Circuit Affirms Summary Judgment Against File Sharer
Not Fair Use to Retain Songs on Hard Drive
BMG Music v. Gonzalez


MLRC: Media Trials in 2005

MLRC: Media Appeals from Trials in 2005

Ill., Mich., Cal.: Video Game Laws Enjoined By Three Federal Courts
Inadequate Scientific Evidence That Video Games Cause Violence

3rd Cir.: Third Circuit Rules That Federal Obscenity Laws Are Constitutional – At Least For Now
Challenge Based On Lawrence v. Texas
U.S. v. Extreme Associates, Inc.