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November 2013

MediaLawLetter October 2013


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S.D.N.Y.: Court Dismisses Billionaire GOP Donor’s Defamation Lawsuit Against Democratic Group
Hyperlink Supported Fair Report Privilege; Nevada anti-SLAPP Statute Applied to Claims

Adelson v. Harris

Cal. App.: California Court Affirms Anti-SLAPP Win for Documentary Filmmaker
Women Profiled in ‘Tabloid’ Cannot Succeed on Defamation and Related Claims
McKinney v. Morris

First Circuit Affirms Dismissal of Fraud Claim Against Medical Journal and Authors
Complaint Failed to Meet Plausibility Standard of Iqbal and Twombly
A.G. v. Elsevier, Inc. et al.

Cal. App.: California Appeals Court Affirms Libel Damage Award for Online Posts
Statements Were Fact Not Opinion
Sanders v. Walsh

Indiana Supreme Court Vacates Grant of Appeal in Anonymous Speech Case
Newspaper Sought to Shield Identity of Commenter
In re Indiana Newspapers, Inc. v. Miller

W.D. Mich.: Michigan Law School Loses Libel Suit Against Plaintiff’s Firm
Criticism of Employment Stats and “Enron” Accounting Hypberbole; No Actual Malice
Thomas M. Cooley Law School v. Kurzon Strauss, LLP

D.D.C.: Libel Suit by Son of Palestinian Authority President Dismissed
D.C. Anti-SLAPP Statute Protects Foreign Policy Magazine and Author
Abbas v. Foreign Policy Magazine, et al.


ECHR Rules That News Portal Can Be Held Responsible for User Comments
Estonian Ruling Not a Breach of Article 10
Delfi v. Estonia

Argentina Supreme Court Protects Online Reposting
Intermediary Liability Doctrine: Same Wine in New Bottle?
Sujarchuk v. Warley

UK: Wall Street Journal Succeeds in Lifting UK Reporting Injunction
Four Day Ban on Libor Scandal Reporting
Matter of R v. Tom Hayes, Terry Farr and James Gilmour


Fifth Circuit Court of Appeals Vacates Website Takedown Order as Prior Restraint
Trial Court Accused Litigants of Attempting to Try Case in the Press
Marceaux v. Lafayette City-Parish Consolidated Government


Cal.: New California Law Protects Journalists’ Records
Advance Notice Required When Third Parties Are Subpoenaed
Section 1986.1


Vt.: Vermont Newspaper Wins Access to Investigation Records on Police Use of Porn
Public Interest Trumps Privacy Rights of Public Employees
Rutland Herald v. City of Rutland

MLRC: Freedom of Information Survey Finds Less Resources Devoted to FOIA and Open Government Issues

Ninth Circuit Lacks Appellate Jurisdiction to Review Reporters’ Request for PACER Fee Exemption
Should Congress Fashion an Appellate Review Mechanism?
In re Gollan


Cal.: New California Law Criminalizes Photography of Celebrities’ Children
Celebrities Testified About Harassment
Senate Bill 606

E.D. La.: Prosecutors’ Online Posts and Leaks Grounds for New Trial in Murder Case
Use of Social Media and Leaks Prejudiced Fair Trial Rights
U.S. v. Bowen