MLRC’s 2013 Annual Meeting
MLRC’s Annual Meeting was held on November 13, 2013 at the Grand Hyatt Hotel in New York. Board of Directors Election The Chair of the Board of Directors, Susan E. Weiner, of NBCUniversal, Inc., called the meeting to order. The first order of business was the election of Directors for 2014. Two new Directors were…
2013 DCS Committee Reports
The MLRC Defense Counsel Section held its annual meeting November 14th at Proskauer Rose in New York City. The following reports were distributed and discussed by committee chairs and members. If you’re interested in joining an MLRC Committee, click here or visit medialaw.org. ADVERTISING & COMMERCIAL SPEECH Co-Chairs: Steven L. Baron and Jill P. Meyer…
2013 State Legislative Highlights
Prepared by the MLRC State Legislative Committee The Media Libel Resource Center’s State Legislative Committee tracks and helps advocate for positive First Amendment and Open Government legislation and fight against legislation that would impair First Amendment and Open Government rights. The following are some of the most significant pieces of legislation (good and bad) passed…
California Appellate Court Rejects Restraint on Attorney Website To Protect Jury
The best way to have protected the jury in an asbestos case from bias would have been to admonish the jury to stay off the Internet, not to order a plaintiff’s attorney to remove from her website references to her success in two other asbestos cases, the California Court of Appeal ruled. Steiner v. Superior…
Setbacks and Tension in the Inter-American Court of Human Rights
By Eduardo Bertoni Just a few weeks ago, at the MLRC London Conference I was conversing with European and American colleagues about the advances and setbacks of international jurisprudence regarding freedom of press and freedom of expression. Some delegates were worried about the European Court of Human Rights’ recent free expression jurisprudence and noted that,…
D.C. Court Holds Lower-Level Employees Can Establish Agency’s FOIA Exemptions
But Not With “Cryptic” Descriptions By Adrianna C. Rodriguez In a recent decision, the District of Columbia’s highest court held that an affidavit or declaration of a department head or other high-level official was not necessary in order to claim the deliberative process privilege under the D.C. Freedom of Information Act. (“D.C. FOIA”). Fraternal Order…
VA Supreme Court Rules Trial Judges Are Sole Decision-Makers on Cameras in Court
Virginia trial judges have sole discretion to decide whether cameras will be allowed in their courtrooms under Virginia Code § 19.2-266, the state’s statutory provision for cameras in court. Virginia Broadcasting Corporation v. Commonwealth of Virginia, 2013 Va. LEXIS 133 (Va. Oct. 31, 2013). The court rejected the Virginia Broadcasting Corporation’s (VBC) argument that good…
Controversial Teacher Data Is Subject To Florida’s Public Records Law
By Jennifer A. Mansfield On November 12, 2013, the Florida First District Court of Appeal ruled in favor of a Jacksonville newspaper, The Florida Times-Union, and held that standardized testing data used as part of a teacher’s annual evaluation was a public record that should be produced. Morris Publ’g Group, LLC d/b/a The Florida Times-Union…
Third Circuit Affirms Dismissal of Copyright Lawsuit Arising from VH1 Reality Shows
By Shaina Jones Ward The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a copyright case against Viacom Inc., which alleged that episodes of two VH1 shows were based on a treatment the plaintiff had submitted to the company. Sims v. Viacom, Inc., No. 13-1567 (3d Cir. Nov. 14, 2013)….
Sixth Circuit Upholds Dismissal of All Claims Related to “Soul Men” Film and Soundtrack
By William F. Wilson and Laura P. Merritt The Sixth Circuit recently affirmed summary judgment for the defendants on all claims asserted by Sam Moore, formerly of the soul music group “Sam & Dave,” related to the 2008 feature film “Soul Men” which starred Samuel L. Jackson and the late Bernie Mac. Moore v. The…
Court Dismisses Contract and Tort Claims Brought Against MTV, Producers
By Alia Smith In a short opinion, a New York County court rejected the argument of a disgruntled reality show participant that his casual, unsigned email exchange with a producer amended the formal release he signed. Watson v. MTV Network Enterprises, et al., No. 156523/2012, (Friedman, J.). Because the email did not constitute part of…
Michigan Appeals Court Affirms Dismissal of Claims Against Producers of Movie “Drive”
Being Offended by a Film Is Not Grounds for a Lawsuit The Michigan Court of Appeals affirmed dismissal of a lawsuit brought under the state’s Consumer Protection Act alleging that defendants falsely advertised the movie Drive as “a chase, race, or high speed action driving film,” and failed to reveal it was “an extremely graphically…
First Amendment Bars Privacy Suit Over TV News Report Exposing Criminal Conviction
A TV station’s news report exposing a school bus driver’s misdemeanor conviction for prostitution is protected by the First Amendment against tort causes of action, a Wisconsin intermediate appellate court ruled. Dumas v. Koebel, 2013 Wisc. App. LEXIS 920 (Wis. Ct. App. Nov. 5, 2013). Presiding Judge Patricia S. Curley, writing for the panel, applied…
Milwaukee Television Station Wins Suit Over Consumer Report
The Wisconsin Court of Appeals affirmed summary judgment to Journal Broadcast Corporation and related defendants on defamation and related privacy claims over news broadcasts, related web postings, and a promo about consumer problems with a wedding videographer. Terry v. Journal Broadcast Corp. et al., No. 2012-1682 (Wisc. App. Oct. 15, 2013). A variety of statements…
Ohio Appeals Court Reinstates Libel Suit Over “Cleveland’s Most Wanted” Broadcast
Fair Report, Common Law Privilege and Substantial Truth Defenses Rejected The Ohio Court of Appeals reinstated a defamation lawsuit against two Cleveland television stations and a production company over the inclusion of plaintiff as one of “Cleveland’s 25 Most Wanted Fugitives.” Sullins v. Raycom Media, Inc., et al., No. 99235 (Ohio App. Aug. 15, 2013),…
Divided Sixth Circuit Panel Affirms $100,000 Libel Damage Award to Police Officer
Actual Malice Based on Conflicting Evidence of Falsity; Deferential Appellate Review Standard A divided Sixth Circuit panel affirmed a $100,000 libel damage award in favor of a police officer over a newspaper report stating that he had sex with a woman while on the job. Young v. Gannett Satellite Information Network, Inc., No. 12-3999 (6th…
Newspaper Awarded Summary Judgment Against Trial Lawyer Richard A. Sprague
Case Represents First Notable Loss for Legendary Lawyer as a Libel Litigant By Amy B. Ginensky, Kaitlin M. Gurney, and Raphael Cunniff Pennsylvania defamation decisions have been dominated by one name for 40 years: Richard A. Sprague. The formidable trial lawyer, 88, is known for representing Philadelphia’s most prominent citizens in libel cases – and…
Online Advertising Takes Center Stage at 2013 MLRC Forum
This year’s annual Forum – scheduled right before the cocktail hour of the Annual Dinner – tackled the technical and policy issues surrounding online advertising networks and programmatic buying. The program, which was supported by Microsoft and Hachette Book Group, and titled “Red, Hot and Crowded: Ad Networks, Exchanges and the Media Business,” began with…
Personal Injury Claim Against Dr. Oz and Show Producers Dismissed
No Duty of Care Owed to Television Viewers A New York court dismissed a personal injury claim against Dr. Mehmet Oz and the producers of his television show brought by a viewer who claimed he was seriously injured after following a home remedy recommended on the show. Dietl v. Dr. Oz, et al., No. 152423-13…
MLRC Annual Dinner 2013: “A Conversation With Aaron Sorkin”
On Wednesday, November 13, 2013, nearly 700 MLRC members and friends gathered for MLRC’s Annual Dinner at the Grand Hyatt in New York. Acclaimed screenwriter and playwright Aaron Sorkin was interviewed by Chris Matthews, host of MSNBC’s Hardball with Chris Matthews. Aaron Sorkin is an Academy-Award winning writer and renowned playwright. His works include the…
MediaLawLetter November 2013
Download Publication MLRC MLRC Annual Dinner 2013“A Conversation With Aaron Sorkin” Online Advertising Takes Center Stage at 2013 MLRC Forum 2013 DCS Meeting Committee Reports Minutes of MLRC’s 2013 Annual Meeting LIBEL AND PRIVACY Pa. Comm. Pleas: Newspaper Awarded Summary Judgment Against Trial Lawyer Richard A. SpragueFirst Notable Loss for Legendary Lawyer as a Libel…