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July 2013

MediaLawLetter July 2013


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E.D. Ky.: Jury Finds Defamed Former Cheerleader
Sarah Jones Gets Big Win  – Not Everyone Is Cheering
Jones v. Dirty World Entertainment Recordings, LLC, d/b/a

Second Circuit Affirms First Amendment Protection for Scientific Debate
Research Study Conclusions Held to be Non-Actionable Opinion
ONY, Inc. v. Cornerstone Therapeutics, Inc. et al.

Texas Supreme Court Disapproves “Third-Party Allegation” Rule
Emphasizes Importance of Libel Actions for Plaintiffs
Neely v. Wilson

D.D.C.: 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
Boley v. Atlantic Monthly Group

New York Court Of Appeals Grounds Air-Freight Libel Plaintiff
Vindicates Newspaper’s Reporting and Re-Affirms Importance of Context in Analyzing Defamation Claims
Alf v. The Buffalo News, Inc.

N.D. Ala.: Expanding The Tort Of Outrage?
Court Dismisses Privacy Tort But Allows Outrage Claim Based On Publication of Public Concern
Holloway v. American Media, Inc.

N.Y. Sup.: Court Drills Dentist’s Case Against Yelp
Filtering Positive Reviews, Paid Ads Do Not Defeat Section 230 Protection
Braverman v Yelp, Inc.

N.Y. Sup.: Court Dismisses Former Politician’s Defamation Suit Against The Wall Street Journal
Plaintiff Failed to Show Statements Were False
Jennings v. Wall Street Journal

Ohio App.: Ohio Court Reinstates Libel and Related Claims Against Local Newspaper
Trial Court Erred in Applying Neutral Reportage Privilege
Bahen v. Diocese of Steubenville

Ill. Cir.: Judge Dismisses Former Television Reporter’s Defamation, Intrusion Claims Against CBS
Defamatory Implication Not Intended; No Expectation of Privacy While Meeting Sources
Jacobson v. CBS Broadcasting Inc.


New Laws in Texas Impacting the Media
Retraction Statute, Anti-Slapp, and Public Information Act Developments


Update on Registration of DMCA Agents in U.S. Copyright Office
Changes in Procedures

S.D.N.Y.: When Amazon Becomes the Strand Bookstore
The ReDigi Case—Whether US Copyright Law Permits Resale of “Used” Digital Goods
Capitol Records, LLC v. ReDigi Inc.


C.D. Cal.: Government Fraud Suit Against S&P Survives Motion to Dismiss
Credit Ratings Not Mere Puffery; Fraud Pled With Sufficient Detail
United States v. McGraw-Hill Co. et al.

Florida Supreme Court Leaves Media Use of Electronic Devices Intact
Adopts Rule for Jurors, Other Observers
Rule 2.450 of the Rules of Judicial Administration