Keeping Your Discovery Obligations Under Control
By Bradley H. Ellis, Frank J. Broccolo and Leah E. Abeles When a client receives document requests, attorneys usually focus upon information sitting in their client’s file cabinets and electronic devices. However, attorneys should also consider whether they have an ethical duty to seek documents in the possession of third-parties. In federal court, Rules 34…
Second Circuit Affirms Conviction of Blogger for Threatening Three Judges
Blog Post Constituted a “True Threat” Against Judges A divided federal appeals court upheld the conviction of blogger Harold Turner for threatening to assault or murder three Seventh Circuit judges. The totality of the evidence, when viewed in context, was found to be sufficient to make out a “true threat” and leave the final determination…
S.D.N.Y. Denies Class Certification in Mass Copyright Claim Against YouTube
Individualized Facts in Action Make Class Action Unsuitable Last month, the Southern District of New York denied copyright plaintiffs’ motion for class certification on the grounds that allowing the case to proceed as a class action would create a “Frankenstein monster,” demonstrating continued reluctance by the court to allow mass copyright claims to proceed as…
Nevada District Court Dismisses Negligence Claims Against Match.com
Dating Website Not Liable for Attack on Plaintiff Late last month the Nevada federal district court dismissed negligence-based claims against the dating website, Match.com. Beckman v. Match.com, 2:13-CV-97, 2013 WL 2355512 (D. Nev. May 29, 2013) (Mahan, J.). Section 230 protected Match.com from claims that it was partially responsible for severe injuries plaintiff suffered at…
Court Lifts Injunction Barring Release of Physician-Identifying Medicare Records
Ruling Allows HHS to Consider Whether FOIA Requires Access to Trove of Data Offering Unique Insights Into Medicare Program By Laura R. Handman and Ronald G. London The U.S. Court for the Middle District of Florida has vacated an injunction that for over 30 years restricted the release of physician-identifying Medicare reimbursement data by the Department of…
Court Nixes Hollywood Happy Ending for Entertainment Companies Using Unpaid Interns
Interns Should Have Been Classified as Employees Under Federal Labor Law By Linda Auerbach Allderdice On June 7, 2013, the movie “The Internship” was released in theatres as a comedy about unpaid interns trying to get ahead in the corporate world. In the story, Vince Vaughn and Owen Wilson, two salesmen who were displaced by…
Nevada anti-SLAPP Statute Amended to Provide Broad Protection for Public and Press
On June 3, 2013, Nevada Governor Brian Sandoval signed into law a revised anti-SLAPP statute that significantly broadens the scope of protection for the public and press. The amendments come into effect on October 1, 2013. The full text of SB 286 as enacted by Governor Sandoval can be found here. Marc Randazza, of the…
Court Grants District of Columbia’s Anti-SLAPP Motion Against Former Employee
By Leslie Paul Machado Last month, a District of Columbia judge became the second Superior Court judge to grant a motion under DC’s anti-SLAPP statute. Payne v. District of Columbia, Case No. 2012 CA 6163B (D.C. Sup. Ct. May 28, 2013). Previously, an anti-SLAPP motion was successfully obtained by the defendants in Lehan v. Fox…
Supreme Court to Review Defamation Immunity for Airlines That Report Potential Threats
By Jerrold J. Ganzfried On June 17, the U.S. Supreme Court granted cert. to review a defamation case involving national security issues. Air Wisconsin Corp. v. Hoeper The case also has potential implications for First Amendment doctrine. Background In order to strengthen the security of the nation’s aviation system after September 11, 2001, Congress enacted…
Catholic School Principal’s Libel Claim Against Daily News Dismissed
“Firebrand” and “Principal of Hate” Deemed Protected Opinion A New York trial court dismissed a libel complaint against the New York Daily News over a series of articles reporting on a Catholic school principal’s racial views. Borzellieri v. Daily News, No. 11731/12 (N.Y. Sup. April 22, 2013) (McDonald, J.). The court held that the complained…
Intrusion Claim Against Documentary Filmmaker Dismissed
By Trisha M. Rich After nearly three years of litigation, the intrusion upon seclusion case against documentary film company Kartmequin Films and anti-gang violence organization CeaseFire has been dismissed. Luten v. Kartemquin Films, Case No. 10 L 9181, Cook County, IL, Circuit Court (Case Management Order, June 5, 2013). Background The plaintiffs in Luten sued…
Court Affirms Anti-SLAPP Dismissal of Oakland Mayoral Candidate’s Defamation Claim
Column Questioning Whether Candidate Was Running as a Spoiler is Opinion By Joshua Koltun In a recent unpublished decision, the California Court of Appeal upheld the trial court’s dismissal on a special motion to strike (Anti-SLAPP Motion) of a defamation complaint that a former candidate for Mayor in Oakland brought against the East Bay Express…
Release Bars Libel and Related Claims Against Mob Wives Reality Show
Reinforces Broad Reach of Appearance Releases By Yonatan S. Berkovits and Elizabeth A. McNamara In June, a New York trial court dismissed libel and related claims brought by a local plastic surgeon, Dr. Andrew M. Klapper, against the producers of the reality show Mob Wives, on which the doctor had appeared. The doctor’s suit was…
Pastor Investigated by Anthony Family Cannot Sue National Enquirer for Defamation
Article as a Whole Not Capable of Defamatory Meaning By Deanna K. Shullman A Florida appellate court affirmed dismissal of a defamation lawsuit against The National Enquirer that arose out of reporting on the Casey Anthony case because the statements were not defamatory and were in any event privileged. Grund v. American Media, Inc., No….
Former Russian Official and Company Strike Out in New York
In April, a New York trial court dismissed a similar complaint by Maxim Stepanov and Midland Consult over an article in Barron’s magazine discussing a multi-million dollar Russian tax fraud. Stepanov v. Dow Jones & Company, Inc. No. 150534/2012 (N.Y. Sup. Apr. 10, 2013). Background In April 2011, Barron’s published an article titled Crime and…
Maryland Court Dismisses Defamation Claims Against Journalism Non-Profit
Articles Did Not Defame Former Russian Official and His Corporation By Mara J. Gassmann Judge Charles Peters of the Circuit Court for Baltimore City, Maryland granted a motion to dismiss all claims against Journalism Development Network, Inc. (“JDN”) brought by Midland Consult (Cyprus) Ltd. (“Midland Consult”) and its founder Maxim Stepanov (“Stepanov”). Stepanov v. Journalism…
Federal Court Quashes Subpoena Seeking Reporter’s Eye-Witness Testimony
By Stephen Gikow In an opinion issued June 11, 2013, Judge Jed S. Rakoff held that the reporter’s privilege attaches to a journalist’s non-confidential, eye-witness testimony. Lebowitz v. City of New York, 12 Civ. 8982. Because the privilege attaches, a subpoenaing party must make reasonable attempts to acquire the information from other available sources, as…
New York Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal
By Laura R. Handman and Camille Calman On May 28, 2013, Justice Donna Mills of the New York Supreme Court granted Dow Jones & Company’s motion to quash a third-party subpoena served on the Wall Street Journal by billionaire casino magnate Sheldon G. Adelson. In re Wall Street Journal v. Adelson, 2013 NY Slip Op….
Second Circuit Reinstates “Own Your Power” Trademark Claims Against Oprah and Hearst
Fair Use Not Established as a Matter of Law on Motion to Dismiss Late last month, the Second Circuit reinstated trademark infringement claims over the use of the phrase “Own Your Power” on a magazine cover, related web pages, and at a live event. Kelly-Brown v. Winfrey, 12-1207-CV, 2013 WL 2360999 (2d Cir. May 31,…
First Amendment Protects Warner Bros. Against Trademark Claims Based on Fictional Software in The Dark Knight Rises
By A. J. Thomas and Julia Cherlow Invoking bedrock principles of trademark law as well as First Amendment protections for expressive works, the Northern District of Indiana last month dismissed a suit for trademark infringement and unfair competition brought by an Indiana software company against Warner Bros. Entertainment based on references to a fictional product…
MediaLawLetter June 2013
Download Publication INTELLECTUAL PROPERTY N.D. Ind.: Free Speech in Gotham: First Amendment Protects Warner Bros. Against Trademark Claims Based on Fictional Software in The Dark Knight Rises Helpful Guidance on Use of Fictional Products in EntertainmentFortres Grand Corp. v. Warner Bros. Entertainment Inc. Second Circuit Reinstates “Own Your Power” Trademark Claims Against Oprah and HearstFair…