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July 2013

MediaLawLetter June 2013


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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 Entertainment
Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

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
Kelly-Brown v. Winfrey

S.D.N.Y. Denies Class Certification in Mass Copyright Claim Against YouTube
Individualized Facts in Action Make Class Action Unsuitable
Football Ass’n Premier League Ltd. v. YouTube, Inc.


N.Y. Sup.: Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal
Failed to Overcome Statute’s Three-Part Test
In re Wall Street Journal v. Adelson

S.D.N.Y.: Federal  Court Quashes Subpoena Seeking Reporter’s Eye-Witness Testimony
Privilege Attaches to Non-confidential, Firsthand Observations
Lebowitz v. City of New York


Md. Cir.: Court Dismisses Defamation Claims Against Journalism Non-Profit
Articles Did Not Defame Former Russian Official and His Corporation 
Stepanov v. Journalism Development Network, Inc.

N.Y. Sup.: Former Russian Official and Company Strike Out in New York
Magazine Article on Russian Fraud Not Defamatory of Plaintiffs
Stepanov v. Dow Jones & Company, Inc. 

Fla. App.: Pastor Investigated by Anthony Family Cannot Sue National Enquirer for Defamation
Article Not Defamatory, Covered by Fair Report Privilege
Grund v. American Media, Inc.

N.Y. Sup. Release Bars Libel and Related Claims Against Mob Wives Reality Show
Reinforces Broad Reach of Appearance Releases
Klapper v. Graziano

Cal. App.: Court Affirms Anti-SLAPP Dismissal of Oakland Mayoral Candidate’s Defamation Claim
Column Questioning Whether Candidate Was Running as a Spoiler is Opinion
Hodge v. East Bay Express

Ill. Cir.: Intrusion Claim Against Documentary Filmmaker Dismissed
New Cases Test State Intrusion Law
Luten v. Kartemquin Films

N.Y. Sup.: Catholic School Principal’s Libel Claim Against Daily News Dismissed
“Firebrand” and “Principal of Hate” Deemed Protected Opinion
Borzellieri v. Daily News

U.S. Supreme Court to Review Defamation Immunity for Airlines That Report Potential Threats
Declined to Hear Whether Falsity is Subject to Independent Appellate Review
Air Wisconsin Corp. v. Hoeper

D.C. Super.: Court Grants District of Columbia’s Anti-SLAPP Motion Against Former Employee
Plaintiff Argued Law Did Not Apply 
Payne v. District of Columbia


Nevada anti-SLAPP Statute Amended to Provide Broad Protection for Public and Press
New Statute Effective Oct. 1, 2013
SB 286


S.D.N.Y.: Court Nixes Hollywood Happy Ending for Entertainment Companies Using Unpaid Interns
Interns Should Have Been Classified as Employees under Federal Labor Law
Glatt v. Fox Searchlight


M.D. Fla.: 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
Florida Medical Ass’n v. Department of Health, Education, & Welfare 


D. Nev.: Nevada District Court Dismisses Negligence Claims Against
Dating Website Not Liable for Attack on Plaintiff
Beckman v.

S.D.N.Y. Denies Class Certification in Mass Copyright Claim Against YouTube
Individualized Facts in Action Make Class Action Unsuitable

Football Ass’n Premier League Ltd. v. YouTube, Inc.,

2d Cir. Second Circuit Affirms Conviction of Blogger for Threatening Three Judges
Blog Post Constituted a “True Threat” Against Judges
U.S. v. Turner


Keeping Your Discovery Obligations Under Control
Ethical Duty to Seek Documents in the Possession of Third-Parties