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January 2007

MediaLawLetter March 2007


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Ethics: ABA Model Rule 1.18: Lawyering and the “Prospective Client”
Practice Limited where Prospective Client Reveals “Significantly Harmful Information”


Cal.: Court Dismisses Most Claims Against Academics Critical of “Repressed Memories” Theory
But Intrusion Claim Based on Alleged Misrepresentation Survives
Taus v. Loftus

Cal. Super. Ct.: California Court Dismisses Frat Boys’ Lawsuit Over Borat Movie
Movie Involved a Matter of Public Interest
John Does 1 & 2 v. One America Productions, et al.

N.J. Super. Ct.: Trial Court Grants Motion to Compel Discovery of Sources in Donald Trump Libel Lawsuit
Book Not “News” for Purposes of Shield Law
Trump v. O’Brien

Ga. Ct. App.: Georgia Court of Appeals Affirms Verdict Against Extreme Blogger
$50,000 Award Stands Despite Irregularities in Jury Verdict
Milum v. Banks

N.D. Cal.: Antitrust, Defamation Claims Against Google for Search Results & Rankings Dismissed
Web Rankings Not Statements of Fact
KinderStart v. Google

Pa. C.P.: Pennsylvania Newspaper Wins Libel Trial Over Letter to the Editor
Letter Didn’t Defame Former District Attorney
Germak v. Sieber; Germak v. Sweitzer

Tex. App.: A Showdown in Texas: D.A.’s Lawsuit Against Local Newspaper Thrown Out
Summary Judgment Granted on Interlocutory Appeal
Cox Texas Newspapers, L.P. d/b/a The Smithville Times v. Penick

Iowa: Iowa Supreme Court Recognizes Libel by Implication
Finds Sufficient Evidence That Newspaper Intended to Imply Unprofessional Conduct
Stevens v. Iowa Newspapers

Fla. Dist.: Florida Appeals Court to Hear Online Libel Case
Ct. App. Will Decide if Retraction Statute and Single Publication Rule Apply Online
Holt v. Tampa Bay Television, Inc. et al


E.D.N.Y.: New York Federal Court Orders Injunction After Violation of Protective Order
Reporter Declines Judicial “Invitation” to Testify Before Court
In re Zyprexa

N.Y. Sup. Ct.: Court Denies Prior Restraint Regarding Public Utility’s Privileged Communications
Attorney-Client Privilege Could Not Restrict Freedom of the Press
Nicholson v. Keyspan Corp.

Mo. Ct. App.: Kansas City Court Issues Short-Lived Prior Restraint Order
Preliminary Order in Prohibition Halts TRO, Allows Newspapers to Repost Articles
State of Missouri ex rel. Kansas City Star & Pitch Newspaper v. Hon. Kelly J. Moorhouse

Cal. Super. Ct.: Showtime Knocks Out Restraint on Mixed Martial Arts Broadcast
California Court Dissolves Temporary Restraining Order
West Coast Prods., LLC v. Frank Alisio Juarez III, aka Frank Shamrock


Germany: German Constitutional Court Bolsters Protection of Journalists’ Sources
Searches Based on the Suspicion of Betrayal of State Secrets Should be out of the Question
Judgment of the German Constitutional Court

N. Ireland: Northern Irish Verdict Leaves a Bad Taste
Jury Awards Libel Damages to Restaurant Proprietors Following Critical Review
Convery v. Irish News

U.K.: U.K. Libel Action Collapses Prior to Six Week Trial
Court Dismisses Action that had Anticipated 52 Witnesses and Six Weeks of Trial
Matadeen v. Associated Newspapers


E.D. Va.: Media Coalition Challenges Proposed Access Restrictions in AIPAC Trial
Court had Denied Motion to Quash Subpoena Duces Tecum; State Shield Law Inapplicable
U.S. v. Rosen

Cal. Super. Ct.: Judge Permits Access to Juror Questionnaires in Bakersfield Quintuple Murder Trial
Order Releases Hundreds of Potential Juror Questionnaires for Inspection During Jury Selection
People v. Brothers

S.D.N.Y.: Court Denies FOIA Request for John Walker Lindh’s Petition to Reduce Sentence
Privacy Interests Bar Disclosure
Associated Press v. Dep’t of Justice

E.D. Va.: AIPAC Update: Court Denies Defendants’ Discovery Request
Ruling May Have Larger Implications for Espionage Act Prosecutions
U.S. v. Rosen


N.J. Super.: Ct. Trial Court Grants Motion to Compel Discovery of Sources in Donald Trump Libel Lawsuit
Book Not “News” for Purposes of Shield Law
Trump v. O’Brien

Update: Reporters Privilege Case Update
Contempt of Court Order Against Chronicle Reporters Vacated

6th Cir.: Court Denies Shared Interest Privilege to News Source
No Duty Between Source and Newspaper
Williams v Detroit Board of Education

Update: State Shield Law Efforts Making Gains Across the Country
Kansas, Massachusetts, Missouri, Texas, Utah, Washington, and West Virginia Initiatives
Search during Leak Investigation Violated Magazine’s Free Press Rights