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December 2013

MediaLawLetter November 2013


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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


Pa. Comm. Pleas:  Newspaper Awarded Summary Judgment Against Trial Lawyer Richard A. Sprague
First Notable Loss for Legendary Lawyer as a Libel Litigant
Sprague v. Porter

6th Cir.:  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
Young v. Gannett Satellite Information Network

Ohio App.: Court Reinstates Libel Suit Over “Cleveland’s Most Wanted” Broadcast
Fair Report, Common Law Privilege and Substantial Truth Defenses Rejected
Sullins v. Raycom Media, Inc.

Wisc. App.: Milwaukee Television Station Wins Suit Over Consumer Report
Scam, Cheat, Rob, and Rip-off All Non-actionable Opinion
Terry v. Journal Broadcasting Corp.

Wisc. App.:  First Amendment Bars Privacy Suit Over TV News Report Exposing Criminal Conviction
Snyder v. Phelps Bars Tort Claims
Dumas v. Koebel

N.Y. Sup.: Personal Injury Claim Against Dr. Oz and Show Producers Dismissed
No Duty of Care Owed to Television Viewers
Dietl v. Oz

Mich. App.: Court Affirms Dismissal of Claims Against Producers of Movie “Drive”
Being Offended by a Film Is Not Grounds for a Lawsuit
Deming v. CH Novi, LLC

N.Y. Sup.: Court Dismisses Contract and Tort Claims Brought Against MTV, Producers
Release Bars Claims; Email Did Not Amend Release
Watson v. MTV Network Enterprises


Sixth Circuit Upholds Dismissal of All Claims Related to “Soul Men” Film and Soundtrack
Movie Did Not Violate Trademark or Publicity Rights
Moore v. The Weinstein Company LLC

3d Cir.: Court Affirms Dismissal of Copyright Lawsuit Arising from VH1 Reality Shows
Claims Barred by Res Judicata
Sims v. Viacom, Inc.


Fla. App.: Controversial Teacher Data Is Subject To Florida’s Public Records Law
Teacher Evaluations Need to Be Disclosed
Morris Publ’g Group, LLC d/b/a The Florida Times-Union v. Fla. Dept. of Ed.

Va.: Court Rules Trial Judges Are Sole Decision-Makers On Cameras in Court
Rejects Applying Good Cause Standard
Virginia Broadcasting Corporation v. Commonwealth of Virginia

D.C. App.:  Court Holds Lower-Level Employees Can Establish Agency’s FOIA Exemptions
But Not With “Cryptic” Descriptions
Fraternal Order of Police, Metropolitan Police Labor Committee v. District of Columbia


IACHR: Setbacks and Tension in the Inter-American Court of Human Rights
Criminal Defamation Conviction Not a Violation of Free Expression Right
Mémoli v. Argentina


Cal. App.: Court Rejects Restraint on Attorney Website To Protect Jury
Order to Remove Web Pages Was a Prior Restraint
Steiner v. Superior Court


2013 State Legislative Highlights