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February 2014

MediaLawLetter February 2014


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9th Cir.: Court Asks California SCt to Decide if State’s Disabled Persons Act Includes Websites as “Public Accommodations”
Lower Court Viewed Captioning as Transcription that Does Not Implicate First Amendment
Greater Los Angeles Agency on Deafness v. CNN


Supreme Court Upholds Defamation Immunity for Airlines That Report Potential Threats
Significant Implications for First Amendment Doctrine
Air Wisconsin Airlines Corp. v. Hoeper


7th Cir.: Court Reinstates Trademark and Publicity Claims Over Sports Illustrated Page
Supermarket’s Page Congratulating Michael Jordan Ruled Commercial Speech
Jordan v. Jewel Food Stores, Inc.


Okla. App.: Appeals Court Affirms Dismissal of Libel in Fiction Claim
Plaintiff Can’t Draw Blood for Same Named Character in Vampire Novels
Bates v. Cast

Cal. App.: California Appeals Court Affirms Denial of Celebrity Websites SLAPP Motion
Court Reinstates Publicity Claims
Dice v. X17, Inc.

Cal. App.: California Court Applies Anti-SLAPP Statute in Case Arising From Reader Comments
Back-and-Forth Between Readers Led to Suit against Newspaper
Hupp v. Freedom Commc’ns, Inc.

Ill. App.: Video Camera Operator Shown in Porn DVD Wins Right of Publicity Claim
But Damages Limited to $1,000
Doe v. Flava Works, Inc.

Ill. Cir.: Defamation and Privacy Suit Over “Double Dipping” Doctor Headline Dismissed
Reports Were True; Subject Matter Not Private
Kapotas v. BGA

Colo. Dist.: Court Dismisses Dentist’s Defamation Case on Statute of Limitations and Truth Grounds
Availability of Report Online Not a Recurring Publication
Larscheid v. Scripps Media, Inc.

3d Cir.: Third Circuit Affirms False Light Damage Award Over Medical Association Newsletter
Court Rejects Defendant’s Claim That Verdict Was Inconsistent
Graboff v. American Academy of Orthopaedic Surgeons

N.Y. Sup.: Teacher’s Libel Suit Over ‘Sexual Predator’ Label Dismissed
Arbitrator’s Disciplinary Ruling Not the Last Word on Truth
Rosado v. Daily News, L.P.

D.C. Super.: Climate Scientist’s Libel Suit Over Criticism Survives Motion to Dismiss
Column Could Reasonably Be Read to Accuse Plaintiff of Fraud
Mann v. National Review

N.H.: New Hampshire SCT Reverses Blogger’s Conviction for Recording Calls to Police, School Officials
Instruction on State of Mine Was Clear Error
New Hampshire v. Mueller


Fla. Dist.: Florida Court Upholds A Constitutional Right to Public Records in Criminal Court Proceedings
Case Involved Murder Trial of Florida Teen
Florida v. Mann

N.Y. Sup.: Court Orders Nassau County Police Department to Release Documents Pursuant to FOIA Law
Court Grants Newsday’s Petition and Awards Attorneys’ Fees and Costs
Newsday v. Nassau County Police


ECJ: European Court of Justice Rules on Hyperlinks and Copyright Liability
How Does Decision Compare to US and Canadian Approaches?
Svensson v. Retriever Sverige AB


9th Cir.: Ninth Circuit Navigates Purple Haze Shrouding Damages Award in Hendrix Trademark Suit
Rejects Reduction of Jury’s Award But Remands for New Damages Trial
Experience Hendrix L.L.C. v.

S.D.N.Y.: Court Throws Out Hundreds of Copyright Infringement Claims Against Textbook Publisher
Court Applyied Injury Rule to Copyright Infringement Claims
John Wiley & Sons, Inc., v. DRK Photo


Online Rankings and Opinion
Recent Cases Explore Fact Opinion Distinction for Content Curators