Ethics and the Use of Contract Attorneys
By Elana Zeide In recent years, law firm partners and corporate counsel have increasingly turned to lawyers hired on a contract basis to cope with fluctuating workloads and shrinking budgets. There are obvious advantages to retaining independent legal service providers, often referred to as contract attorneys (regardless of the type of services they provide). Per-project…
MLRC’s 2012 Defense Council Section Meeting
DCS Executive Committee President Elizabeth Ritvo called the Annual Meeting to order, welcomed everyone, and thanked them for attending. She reviewed the DCS Committee structure noting that committees are essential to MLRC. They are a way for attorneys to get to know each other and learn from each other’s expertise. She encouraged new attorneys to…
Pennsylvania Federal Court Rules Press Has Right to View Execution
History and Logic Support Press’s Right of Access In early November, a Pennsylvania federal district court held that the press has a qualified First Amendment right to view the entire process of lethal injection executions. The Philadelphia Inquirer v. Wetzel, No. 12-cv-01917 (M.D. Pa. Nov. 6, 2012) (Kane, J.). Although no Supreme Court or Third…
2012 MLRC Survey of Actions to Identify Newspaper Website Commenters
Newspapers See High Rate of Success in Protecting Identity of Commenters By Michael A. Norwick and Lindsey Davis Over the past several years, user comment areas on newspaper websites have become commonplace. Subpoenas and other discovery procedures seeking to compel newspapers to disclose the names, e-mail addresses, IP addresses and other identifying information of commenters…
Australian Court Finds Google Liable for Defamatory Search Results
What Does This Decision Mean for Internet Service Providers? By Kate Ballis A Victorian plaintiff has now more than doubled the damages he has collected from defamation proceedings in the Supreme Court of Victoria this year. Hot on the heels of a AUD$225,000 award against Yahoo! earlier this year, on 12 November 2012, Google Inc…
Forum Clause of TV Release Enforced Despite Claims of Coercion
Plaintiff Alleged He Signed Release Under Duress By Cameron Stracher Often invoked, but rarely the subject of litigation, the written release is the holy grail of reality television programming: elusive, yet possessed with an incantatory power. Now, in a decision sure to burnish its gloss, a district court in Colorado has held that the forum…
2013 Legislative Update: Congress’s Media Agenda for the Year Ahead
2013 Promises to Be an Interesting Year By Kathleen Kirby, Ari Meltzer and John Simpson Despite the intense battle for the White House and control of Congress, we are faced with the status quo in Washington. In the House, Republicans still hold a majority. Despite Democrat gains in the Senate, the net impact is negligible…
Journalists Avoid Subpoenas in Raw Milk Case
Wisconsin Shield Law Tested By Drew Shenkman In the first-known application of Wisconsin’s two-year-old shield law, Judge Guy Reynolds of the Sauk County Circuit Court refused the state’s Department of Justice’s request to issue subpoenas to three journalists who covered an Amish farmer’s sale of unpasteurized milk products. State v. Hershberger (Wis. Cir. Nov. 29,…
Summary Judgment for Texas Broadcaster Affirmed
By Catherine Robb The 13th Court of Appeals in Corpus Christi has affirmed summary judgment in a case in favor of Eagle Creek Broadcasting, parent company of KZTV, in a lawsuit brought by a Corpus Christi building official. Garza v. Eagle Creek Broadcasting, 3-10-00573-CV (Tex. App. Dec. 6, 2012) (Valdez, Benevidas, Vela, JJ.). The official…
Supreme Court Denies Cert. in Publicity and Eavesdropping Cases
Court Refuses to Hear Plaintiff’s Petition to Reinstate Multimillion Damage Award Against Hustler A long-running right of publicity case against Hustler magazine finally came to an end this month when the Supreme Court declined to hear the plaintiff’s petition seeking to reinstate a multimillion dollar damage award. Toffoloni v. LFP Publishing Group, LLC, et al.,…
Fair Report Privilege Applies to Police Officers’ Statements to Press
Privilege Extends to More Than Just Official Police Statements A television news report about illegal dumping based on unofficial statements by police officers was protected by the fair report privilege. DMC Plumbing and Remodeling, LLC v. Fox News Network, LLC, et al., No. 12-cv-12867, 2012 U.S. Dist. LEXIS 167318 (E.D. Mich. Nov. 26, 2012) (Borman,…
Summary Judgment for Virgin Islands Newspaper Affirmed
Public Official Plaintiff Failed to Show Actual Malice The Virgin Island Supreme Court recently affirmed summary judgment in favor of the Virgin Island Daily News in a libel suit brought by a public official, finding no clear and convincing evidence of actual malice. Joseph v. Daily News Publishing Company et. al., 2012 V.I. Supreme LEXIS…
Court Analyzes Defamatory Meaning on the Web
Reinstates Claim Over Severed Horse Head Allegation A New York appellate court reinstated a defamation count over a statement made on a newspaper website accusing plaintiff of leaving a severed horse head in a politician’s swimming pool. LeBlanc v. Skinner, No. 8310/08 (N.Y. App. Dec. 12, 2012) (Dillon, Angiolillo, Florio, Cohen, JJ.). Acknowledging the role…
First Circuit Affirms Dismissal of Lawsuit Against Barbara Walters
Memoir Triggered Claims for Tortious Interference, Libel and Emotional Distress A 29 year old incident recounted more recently in Barbara Walters’ memoir was the grist for a suit for tortious interference, defamation and emotional distress. Shay v. Walters, No. 12-1494 (1st Cir. Dec. 18, 2012) (Torruella, Selya, Howard, JJ.). Although the allegations painted a “poignant…
Manhattan Judge Dismisses Libel Claim Brought by Brooklyn Judge
By Laura R. Handman, Erin N. Reid and Lisa Zycherman A New York Supreme Court judge granted summary judgment to the Daily News, LP and former columnist Errol Louis (“Daily News”), dismissing a libel claim brought by Kings County Supreme Court Justice Larry D. Martin. Martin v. Daily News, L.P., No. 100053/08 (N.Y. Sup. Ct….
MediaLawLetter December 2012
Download Publication LIBEL & PRIVACY N.Y. Sup.: Manhattan Judge Dismisses Libel Claim Brought by Brooklyn Judge Columns About Judicial Scandal Published Without Actual Malice Martin v. Daily News LLP 1st Cir.: Court Affirms Dismissal of Libel and Related Claims Against Barbara Walters Old Incident Recounted in Memoir Led to Lawsuit Shay v. Walters N.Y. App.:…