Florida Supreme Court Leaves Media Use of Electronic Devices Intact
Adopts Rule for Jurors, Other Observers By Jennifer A. Mansfield After almost three years of work, on July 3, 2013, the Florida Supreme Court adopted a new Rule 2.450 of the Rules of Judicial Administration, which governs the use of electronic devices in courtrooms. After strong opposition, the Court scaled back a proposed version of…
Government Fraud Suit Against S&P Survives Motion to Dismiss
Credit Ratings Not Mere Puffery; Fraud Pled With Sufficient Detail A California federal district court this month refused to dismiss the U.S. government’s civil fraud suit against Standard & Poor’s, and parent company McGraw Hill Financial (together “S&P”), for allegedly manipulating the credit ratings of certain mortgage backed securities in the lead up to the…
When Amazon Becomes the Strand Bookstore
The ReDigi Case—Whether US Copyright Law Permits Resale of “Used” Digital Goods By Devereux Chatillon A recent summer weekend was hot, steamy in fact, part of the heat wave that enveloped the East Coast of the United States. So I bought a copy of Inferno by Dan Brown through the iBookstore and read it on…
Update on Registration of DMCA Agents in U.S. Copyright Office
By Jerry Birenz There are a number of requirements for a service provider (such as a website operator) to be entitled to the safe harbor against copyright infringement claims arising from material posted on a website by the website’s users provided by the Digital Millennium Copyright Act, 17 USC § 512(c). Among the requirements is…
New Laws in Texas Impacting the Media
By Laura Prather and Catherine Robb For the third legislative session in a row, the Texas legislature has made significant strides in advancing First Amendment rights by passing laws to protect journalists and citizens in their exercise of free speech. Past sessions have seen the passage of a Reporters’ Privilege law and one of the…
Judge Dismisses Former Television Reporter’s Defamation, Intrusion Claims Against CBS
Defamatory Implication Not Intended; No Expectation of Privacy While Meeting Sources By Matthew E. Kelley A trial judge in the Circuit Court of Cook County, Illinois, granted summary judgment in favor of CBS in a defamation and invasion of privacy lawsuit filed by a former reporter for NBC’s Chicago television station. Jacobson v. CBS Broadcasting…
Ohio Court Reinstates Libel and Related Claims Against Local Newspaper
Trial Court Erred in Applying Neutral Reportage Privilege The Ohio Court of Appeals recently reinstated a high school football coach’s defamation and emotional distress complaint against a local newspaper, finding the trial court erred in adopting and applying the neutral report privilege. Bahen v. Diocese of Steubenville, 2013 Ohio 2168 (Ohio App., May 24, 2013)…
New York Court Dismisses Former Politician’s Defamation Suit against The Wall Street Journal
Plaintiff Failed to Show Statements Were False A New York trial court dismissed a former New York City Councilman’s defamation suit against The Wall Street Journal over an article reporting that he once ran a campaign ad “declaring his love for Asian women.” Jennings v. Wall Street Journal, No. 103559/12, 2013 N.Y. Misc. LEXIS 2076…
New York Court Drills Dentist’s Case Against Yelp
Filtering Positive Reviews, Paid Ads Do Not Defeat Section 230 Protection Last month, a New York trial court ruled in favor of Yelp in a defamation case filed by a Manhattan dentist. Braverman v Yelp, Inc., 2013 N.Y. Misc. LEXIS 2764 (N.Y. Sup. June 28, 2013) (Scarpulla, J.). Under Section 230 of the Communications Decency…
Expanding The Tort Of Outrage?
Court Dismisses Privacy Tort But Allows Outrage Claim Based On Publication of Public Concern By Rachel F. Strom On May 22, 2013, the United States District Court for the Northern District of Alabama granted in part and denied in part a motion to dismiss claims for invasion of privacy and outrage (or intentional infliction of…
New York Court Of Appeals Grounds Air-Freight Libel Plaintiff
Vindicates Newspaper’s Reporting and Re-Affirms Importance of Context in Analyzing Defamation Claims By Karim A. Abdulla Reaffirming the importance of context and its commitment to the privilege afforded by New York Civil Rights Law §74 (“§ 74”) to “fair and true” reports of official proceedings, the Court of Appeals unanimously affirmed the dismissal of defamation…
For the First Time, D.C. Federal Court Dismisses Libel Suit Based Solely on D.C.’s Anti-SLAPP Act
Applies D.C. Anti-SLAPP Act in Federal Diversity Actions Under Erie By Laura R. Handman, Constance M. Pendleton, and Micah J. Ratner On June 25, 2013, Judge Reggie B. Walton of the United States District Court for the District of Columbia applied the District of Columbia Anti-SLAPP Act, D.C. Code § 16-5501 et seq., in federal…
Texas Supreme Court Disapproves “Third-Party Allegation” Rule
Emphasizes Importance of Libel Actions for Plaintiffs By Jim Hemphill A majority of the Texas Supreme Court has disapproved a long line of cases from lower courts recognizing a “third-party allegation rule” in media libel cases. The Court also emphasized the important role of libel actions under the Texas Constitution in vindicating reputation. The opinion…
Second Circuit Affirms First Amendment Protection for Scientific Debate
Research Study Conclusions Held to be Non-Actionable Opinion By Robert D. Balin and Eric Feder “See now the power of truth; the same experiment which at first glance seemed to show one thing, when more carefully examined, assures us of the contrary.” – Galileo Galilei Generally, under the law of defamation, a speaker may be…
Jury Finds TheDirty.com Defamed Former Cheerleader
Sarah Jones Gets Big Win – Not Everyone Is Cheering By Jack Greiner Former BenGal cheerleader and high school teacher Sarah Jones won a $338,000 jury verdict against Dirty World Entertainment in a defamation suit on July 11. Jones v. Dirty World Entertainment Recordings, LLC, d/b/a thedirty.com, et al., Civ. No. 2009-19 (E.D. Ky. jury…
MediaLawLetter July 2013
Download Publication LIBEL & PRIVACY E.D. Ky.: Jury Finds TheDirty.com Defamed Former CheerleaderSarah Jones Gets Big Win – Not Everyone Is CheeringJones v. Dirty World Entertainment Recordings, LLC, d/b/a thedirty.com Second Circuit Affirms First Amendment Protection for Scientific DebateResearch Study Conclusions Held to be Non-Actionable OpinionONY, Inc. v. Cornerstone Therapeutics, Inc. et al. Texas Supreme…