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August 2011

MediaLawLetter July 2011


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2d Cir.: Second Circuit Reverses “Hot News” Judgment and Injunction
But Media “Hot News” Claims Remain Viable
Barclays Capital, Inc. v. Theflyonthewall


N.J.: High Court Addresses Shield Law Protection for “New Media” Journalists
Privilege Claims By “New Media” Journalists Require Scrutiny
Too Much Media V. Hale

N.Y. Sup.: Court Quashes Subpoena For Reality Show Outtakes
Criminal Defendant Failed to Meet Test to Pierce Shield Law
Hodson v. Al Roker Entertainment


N.D. Ga.: Court Reduces Jury’s Punitive Damages Award in Right of Publicity Case
$19.6 Million Award Against Hustler Magazine Reduced to $250,000
Toffoloni v. LFP Publishing, LLC

11th Cir.: Court Upholds Dismissal of Privacy Claims Over “Cops” Episode
Plaintiff Failed to Allege Facts to Support Privacy Claims
Spilfogel v. Fox Broadcasting

N.D. Fla.: Florida Federal Court Enters Judgment Declaring Canadian Defamation Judgment Unenforceable  in United States
Canadian Judgment Unenforceable Pursuant to SPEECH Act and Florida Libel Tourism Provisions v. Mina Mar Group, Inc.

S.D. Ind.: Publicity and Trademark Claims Against Video Game Maker Dismissed
Indiana Right of Publicity Statute Not Retroactive; First Amendment Bars Trademark Claim
Dillinger, LLC v. Electronic Arts, Inc.

C.D. Cal.: Corbis Wins Right of Publicity Suit Over Thumbnails
Plaintiff Posed for Pictures Knowing They Would Be Distributed
Jones v. Corbis Corporation


Texas: Passage of the Texas Anti-SLAPP Statute
A Walk in the Park or a Walk on a Tightrope?
Texas Citizen Participation Act

Congress: PROTECT IP Act Waiting Senate Action
Congress Considering Online Piracy Legislation


Australia: State Enacts New Journalist Privilege Law
New South Wales First State in Australia to Enact “Journalist Privilege”


Wash.: University of Washington Pays $175,000 to Settle Public Records Litigation
University Ordered to Release Data From 2007 Baby Video Research Study
Clark v. University of Washington

Texas: Supreme Court Recognizes Common Law Physical Safety Exception to Public Information Act
Interest in Personal Safety Outweighs Statutory Right to Public Information
Texas Department of Public Safety v. Cox Texas Newspapers


W.D. Wash.: Court Upholds Ordinance Regulating Distribution of Yellow Pages
Dex Media West, Inc. v. City of Seattle