MediaLawLetter December 2008

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MLRC

MLRC’s Projects and Finances Reviewed at 2008 Annual Meeting

Defense Counsel Section Reviews Projects and Goals at Annual Meeting
Kelli Sager Incoming DCS President; Elizabeth Ritvo Joins as Treasurer

SUPREME COURT

U.S.: Supreme Court Denies Cert. in Hatfill v. New York Times

LIBEL / PRIVACY

M.D. Pa.: Court Denies Motion to Compel Newspaper to Unmask Anonymous Online Speakers
Newspaper Had Standing to Assert First Amendment Rights of Posters
Enterline v. Pocono Medical Center

Md.: Maryland’s High Court Considers Protection For Anonymous Online Speech
Newspaper Urges Court to Adopt Dendrite Standards
Independent Newspapers v. Broadie

Case Law Since 2006 on Protection for Anonymous Speech Online

Cal.: Small Cl. Newspaper and Author Win Libel Case Brought in California Small Claims Court
Newspaper Published Commentary About Community Association
Donnell v. Lake County Record-Bee

Mass.: Massachusetts Judge Reprimanded For Demanding Payment in Libel Case
Judge Received Public Reprimand; Previously Decided to Step Down from Bench
In the matter of Ernest B. Murphy

Cal.: “Public Interest” Exemption to Anti-SLAPP Is Narrow
Exemption Does Not Apply if Any Part of Complaint Seeks Relief to Directly Benefit Plaintiff
Club Members for an Honest Election v. Sierra Club

Ohio App.: Summary Judgment for Ohio Newspaper Affirmed on Appeal
Public Figure Plaintiffs Failed to Show Actual Malice
Great Lakes Capital Partners Ltd. v. Plain Dealer Publishing Co.

E.D. Pa.: Court Refuses to Apply Single Publication Rule to Employee Screening Database
Employee Database More Like a Credit Agency Report
Pendergrass v. Choicepoint, Inc.

N.Y. Sup.: Court Applies Single Publication Rule to Bulletin Board Posts
“Bump” Messages Not a Republication of Other Postings in Thread
Admission Consultants, Inc. v. Google

INTERNET

N.D. Ill.: Law Firm’s Trademark Suit Against Real Estate Website Survives Motion to Dismiss
Law Firm Sued Over Use of Name and Links to Firm’s Website
Jones Day v. Blockshopper LLC

S.D.N.Y.: Claims Dismissed Over Website Visitor Ranking
Claims Barred by Contract; Plaintiff Failed to Plead Cause of Action
Diaro El Pais v. The Nielsen Company,

COMMERCIAL SPEECH

1st Cir.: State Can Ban Use of Physician-Specific Information In Pharmaceutical Marketing
Data Collection Is Conduct Not Speech
IMS Health Inc. v. Ayotte

INTERNATIONAL

UK & Europe: The Other Side of the Pond: UK and European Law Update
Justice Eady Reinstates Libel Action Against New York Times and IHT
Mardas v. New York Times

Canada: Responsible Journalism Defense Applied in Canada
Large Jury Award Against Toronto Star is Overturned
Grant v. Toronto Star

ACCESS / FREEDOM OF INFORMATION

D.D.C.: Court Orders Release of Search Warrant Materials in “Amerithrax” Investigation
Public Has First Amendment Right of Access After Investigation Was Concluded
Application of the New York Times Company for Access to Certain Sealed Court Records

Neb.: Nebraska Supreme Court To Decide Public Records Lawsuit Seeking Public Access for Historic Burial Records
Trial Court Denied Access Under HIPAA
State ex rel Adams County Historical Society v. Kinyoun

ETHICS

Inadvertent Disclosure of Privileged Matter Under New Federal Rule of Evidence 502