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January 2008

MediaLawLetter September 2008


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Pa. Super.: Appeals Court Affirms $3.5 Million Libel Damage Award Against Newspaper
Articles About Federal Investigation Were False and Negligently Published
Joseph v. Scranton Times

7th Cir.: Divided Seventh Circuit Affirms Summary Judgment for Book Author
Disputed Recollection of Events Insufficient Evidence of Actual Malice
Madison v. Frazier

E.D. Okla.: Court Dismisses Suit Against John Grisham, Random House, Other Authors
Books about Criminal Proceedings Are “Core Political Speech”Entitled to Highest Protection
Peterson et al. v. Grisham, et al

S.D.N.Y.: Court Dismisses Defamation and Copyright Claims Against CBS and AP
Fair Report Privilege Applied to Foreign Proceeding
Idema v. CBS; Idema v. Associated Press

Pa. C.P.: Philadelphia Daily News Wins Summary Judgment
No Actual Malice; No Defamatory Meaning in Reporting Plaintiff “Appeared as a Playboy centerfold”
Miller v. Philadelphia Newspapers

Tex. Dist. Ct.: CBS Wins Summary Judgment in Defamation Case
Broadcast About Doctor Was Substantially True, Privileged
Neely v. CBS

NJ: NJ High Court Adds Motive and Speaker Identity Factors for Non-Media Actual Malice
Distinguishes Media and Non-media Speakers
Senna v. Florimont

3rd Cir.: Court Finds NFL Films Violated “Voice of God’s” Publicity Right
False Endorsement Claim Remanded for Trial on Likelihood of Confusion
Facenda v. NFL Films

N.Y. Sup. Ct.: Trial Court Dismisses Misappropriation Claim Over Magazine Photo
Photograph Bore a Reasonable Relationship to the Article
Dominguez v. Vibe Magazine

N.J. Sup. Ct.: Suit Against WPIX Dismissed for Failure to Detail Malice
Plaintiff Required to Plead Factual Basis of Actual Malice
Cats Exclusive Inc. and Jose Pla v. WPIX, Inc., et al.

Mont. Dist. Ct.: Montana Jury Awards $3.2 Million in Libel Suit Against Radio Host
Accused Litigation Adversaries of Lying and Fraud
Gardner v. Stokes

5th Cir.: Court Reverses $33 Million Defamation Judgment in Physician Peer Review Case
Verdict No Longer a Benchmark in Media Cases
Poliner v. Texas Health Systems

N.H. Sup. Ct.: Trial Court Dismisses Thomas Libel Case After Remand From State Supreme Court
Newspaper Protected By Qualified Privilege
Thomas v. Telegraph

N.J. Sup. Ct.: Venezia Plaintiff Dismisses Case without Payment or Deposition by Reporter
Venezia v. North Jersey Media Group Inc.


E.D. Mich.: Court Rules Reporter Must Reveal Sources in Privacy Act Case
Court Rejects Qualified Privilege in Civil Context
Convertino v. Department of Justice

Mont. Dist. Ct.: Court Quashes Subpoena For Anonymous Posters’ Identities On Shield Law Grounds
Anonymous Poster’s Covered By Shield Law
Doty v. Molnar


Ariz.: Arizona Supreme Court Strengthens Its Rule Allowing Cameras In The Courts
New Rule Requires On the Record Findings


The Netherlands: Supreme Court Allows Monitoring of Journalists “In the Interest of National Security”
Leak Investigation Justified Monitoring
De Telegraaf Case


NY: New York State Prohibits Non-Compete Clauses in the Broadcast Industry
“Broadcast Employees Freedom to Work Act,” (N.Y. Lab. Law § 202-k)


N.D. Cal.: Are There Pirates in My Safe Harbor?
ISP Entitled to Safe Harbor Protection for User Generated Content
Io Group v. Veoh Networks


U.S.: Supreme Court Roundtable on the First Amendment
Floyd Abrams, Professor Erwin Chemerinsky & Cliff Sloan on the Direction of the Court on First Amendment Issues

Ethics: Joint Defense Agreements In Defamation Litigation – A Primer 43