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January 2006

MediaLawLetter March 2006


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MLRC Speakers Bureau on the Reporter’s Privilege

Legislative: Open Government Act, Executive Order 13392

Ethics: Issue and Positional Conflicts: Can Media Lawyers Be Open-minded about Closure?


US: Supreme Court Denies Petition for Cert. in Hatfill v. New York Times
Hatfill v. New York Times Co.

US: Supreme Court Denies “Pit Bull” Lawyers’ Petition for Cert.
The Florida Bar v. Pape


D.C. Cir.: D.C. Circuit Affirms Wiretap Judgment Against Congressman For Leak to Media
Distinguishes Bartnicki Saying Recording Was Unlawfully Acquired
Boehner v. McDermott

Ohio: Ohio Station Wins Jury Verdict in Private Figure Libel Action
Finds Broadcasts Substantially True
Young v. Russ

R.I. Super. Ct.: Rhode Island Weekly Wins Directed Verdict
Article Covered By Qualified Fair Report Privilege
Trainor v. State of Rhode Island et al.

N.Y. App. Div.: “Rival” Vanquished: New York Appellate Court Affirms Dismissal of Defamation Claim
Article Was Substantially Accurate
Cottrell v. Berkshire Hathaway, Inc. d/b/a The Buffalo News, et al.

Md. Ct.: Summary Judgment on Maryland False Light Claim Affirmed
Spec. App. Plaintiff Failed to Demonstrate Actual Malice
Ross v. Fox Television Stations, Inc.

Florida: Florida Bill Would Limit False Light Claims
Would Require False Statements of Fact

Tex. App.: Summary Judgment for Texas Broadcaster Affirmed
Broadcasts Substantially True As A Matter of Law
Grotti v. Belo Corp.

Conn.: Libel Suit Against Newspaper’s April’s Fool Day Issue Dismissed
Super Ct. False Statement That is Published as a Parody Cannot Be Defamatory
Victoria Square, LLC v. Glastonbury Citizen

Phila. Ct.: Pennsylvania Court Dismisses Ex-Coach’s Libel Lawsuit
Com. Pl. No Actual Malice in Report About Drug Use and Theft
Blackwell v. Eskin

D.S.C.: Federal Court Dismisses High Profile Libel Claim Against Polish Political Magazine
No Minimal Contact with Jurisdiction
Harlan and Cimoszewicz v. Wprost, et al.

N.Y. App. Div.: Privacy Claim Against “Funny Headlines” Segment Dismissed
Parody Was Not Commercial Use
Walter v. NBC Universal, et al.

Tex. Ct. App.: Texas Statute Prohibiting Disclosure of HIV Status Does Not Apply to Media Without Knowledge of Test Results
Knowledge of HIV Status is Not Knowledge of Test Results
New Times v. Doe

9th Cir.: Ninth Circuit Applies Single Publication Rule to Internet Posting
Rule Applies to Privacy Act Claims
Oja v. U.S. Army Corps of Engineers

9th Cir.: Ninth Circuit Asks California Supreme Court to Address Private Facts Issue
Does Gates v. Discovery Apply in Non-Media Cases?
Readylink Healthcare v. Lynch


Ohio: Will the Circle Be Unbroken?: Not in Ohio – State Records Law Triumphs over HIPAA
Cincinnati Enquirer Can Obtain Lead Citations
State ex rel. Cincinnati Enquirer v. Daniels

4th Cir.: Fourth Circuit Orders District Court to Provide Access to Moussaoui Trial Exhibits
Press and Public Have Right of Access to Exhibits
In re Associated Press

10th Cir.: Tenth Circuit Denies Habeas Petition Based on Pretrial Publicity
Publicity Did Not Taint Entire Jury Pool
Goss v. Nelson

Cal.: Billionaire Seeks Review of California Court of Appeal Decision Striking Down Divorce Court Secrecy Statute
Now Wants to Buy Newspapers
Burkle v. Burkle