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Northeast
Dillon v. NAACP, No. 00-126 (Mass. Super. Ct. 2000). LSKS successfully defended a local NAACP chapter and its officials in a defamation action brought by a police officer.
CBS Broadcasting Inc. v. Counterr Group, No. 05-CV-7946 (S.D.N.Y. 2008). LSKS successfully defended CBS against a defamation claim arising from its reporting on the arrest and conviction of a United States citizen for torture in Afghanistan. The trial court granted CBS’s motion for judgment on the pleadings, ruling that CBS’s reporting was a fair report of the proceedings in Afghanistan.
Mills v. Raycom, 824 N.Y.S.2d 845 (N.Y. App. Div. 2006). LSKS defended a local television news station against libel claims arising from a series about how allegations of child and sexual abuse are handled in the family courts. The trial court dismissed the case, holding that New York’s fair report privilege barred the claims, and the appeals court affirmed.
Every Drop Equal Nutrition v. ABC, Inc., 772 N.Y.S.2d 885 (N.Y. App. Div. 2004). LSKS attorneys defended ABC in a defamation action arising from a televised news report concerning a regulatory raid on a local business suspected of illegally bottling water. The appellate court affirmed the trial court’s dismissal of the action.
Cusack v. 60 Minutes Division of CBS, Inc., 749 N.Y.S.2d 242 (N.Y. App. Div. 2002). LSKS defended CBS and several of its employees, including Ed Bradley and Don Hewitt, as well as others in a defamation action arising from a 60 Minutes broadcast reporting that experts questioned the authenticity of purported Kennedy family papers the plaintiff had sold to investors for millions of dollars. The appellate court affirmed the trial court’s decision granting summary judgment for the defendants.
Stern v. Burkle et al., No. 103916/07 (N.Y. Sup. Ct. 2008). LSKS successfully defended a professional public relations consultant in an action for defamation, intentional infliction of emotional distress, tortious interference and malicious prosecution brought by a former gossip columnist. The plaintiff claimed, inter alia, that the defendant had planted false and misleading information about the plaintiff in connection with statements issued on behalf of the defendant’s client. On a motion to dismiss, the court held that the plaintiff had failed to identify any of the supposedly false and defamatory statements conveyed and had not alleged the requisite elements of any of his other claims.
Foley v. CBS Broadcasting Inc., No. 169463/05 (N.Y. Sup. Ct. 2006). LSKS successfully defended a New York television station in an action for libel and related torts arising out of three “Shame on You” broadcasts about the plaintiff’s kitchen design business. The court dismissed all of the plaintiff’s claims, holding that statements that she had engaged in a “scam” and “ripped off” her customers would be understood as mere allegations or statements of opinion, and that the station’s reporting on actions taken against her by the Department of Consumer Affairs were privileged as “fair and true reports” of official proceedings.
Montague v. Thompson, No. 102472/05 (N.Y. Sup. Ct. 2006). LSKS successfully defended a defamation claim against New York television station WPIX arising out of a consumer affairs segment. On a motion to dismiss the case, the court concluded that the broadcast was non-actionable hyperbole and opinion.
Duane Reade Inc. v. The Wave Publishing Co., 784 N.Y.S.2d 920 (N.Y. Sup. Ct. 2004). LSKS defended a newspaper in a defamation action arising from an advertisement criticizing a large sign a pharmacy erected next to a park memorializing local residents who died in the September 11 attacks. The court dismissed the action and held that the newspaper was entitled to damages and other compensation from the pharmacy under New York’s Anti-SLAPP statute.
Herman v. CBS Corp., No. 120009/00 (N.Y. Sup. Ct. 2001). LSKS defended Infinity Broadcasting Corporation and two radio talk show hosts in a defamation action arising from broadcast assertions that a former disc jockey used Viagra and was a “deadbeat dad.” The court granted the defendants’ motion to dismiss the action.
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Mid-Atlantic
Troy Publishing Co. v. Norton, 544 U.S. 956 (2005) and Norton v. Glenn, 860 A.2d 48 (Pa. 2004). LSKS represented publishers, broadcasters, and other media organizations as amici curiae who urged the Pennsylvania Supreme Court to recognize that the First Amendment protects the neutral reporting of newsworthy allegations leveled by public officials about other public officials. LSKS later represented a similar coalition urging the United States Supreme Court to review the case.
Montefusco v. ESPN, Inc., 2002 WL 31108927 (3d Cir. 2002). LSKS attorneys represented ESPN in a defamation lawsuit by former major league baseball pitcher John Montefusco, Jr. concerning ESPN’s reporting about criminal proceedings against him. The Third Circuit affirmed dismissal of the action.
Geller v. Randi, 40 F.3d 1300 (D.C. Cir. 1994). LSKS attorneys represented the defendant in a defamation action brought by Uri Geller arising from statements reported in the International Herald Tribune. The D.C. Circuit affirmed summary judgment and awarded $150,000 in sanctions to the defendant.
Reuber v. Food Chemical News, Inc., 925 F.2d 703 (4th Cir. 1991). LSKS attorneys represented a coalition of news organizations that successfully urged, as amici curiae, that an award of $825,000 against a small newsletter that accurately reported newsworthy statements contained in a government document ran contrary to First Amendment protections for the press.
Liberty Lobby, Inc. v. Anderson, 746 F.2d 1563 (D.C. Cir. 1984), rev’d,477 U.S. 242 (1986). LSKS attorneys successfully defended a defamation action brought against investigative reporter Jack Anderson arising from news reports that allegedly likened Liberty Lobby founder Willis Carto to Nazis.
OAO Alfa-Bank v. Center for Public Integrity, 387 F. Supp. 2d 20 (D.D.C. 2005). LSKS successfully defended the independent government watchdog group Center for Public Integrity and two of its reporters in a libel suit brought by prominent Russian industrialists – two of that country’s so-called “oligarchs” – arising from a published report linking them and their companies to criminal activities during Russia’s turbulent transition to a capitalist economy.
Foretich v. Chung, 23 Media L. Rep. (BNA) 1414 (D.D.C. 1995). LSKS attorneys defended CBS and Connie Chung in a defamation action arising from their report on a highly publicized custody dispute in which the plaintiff was accused of sexually abusing his daughters. The court granted summary judgment for CBS and Chung.
Terex Corp. v. Fuisz, No. 92-0941 (D.D.C. 1992). LSKS attorneys successfully defended Pulitzer Prize-winning journalist Seymour Hersh in a defamation action arising from an article Mr. Hersh wrote for The New York Times about a congressional investigation of Iraqi equipment purchases from American companies prior to the first Gulf War.
Tucker v. District of Columbia, No. 01ca0008504 (D.C. Super. Ct. 2005). LSKS successfully defended the Washington City Paper and one of its columnists in a defamation action brought by a former city official arising out of a column that reported allegations that the official had accepted improper gifts.
Blakney v. Essence Communications, Inc.,No. 00-CA-5631 (D.C. Super. Ct. 2000). LSKS successfully defended Essence magazine and Mary Frances Berry, then-chair of the U.S. Civil Rights Commission, in a defamation action arising from an article by Ms. Berry published in the magazine stating that the plaintiff was a government informant.
Littlejohn v. The New Republic, No. 95-8011 (D.C. Super. Ct. 1997). LSKS successfully defended The New Republic magazine in a defamation action in which the court held that a prominent member of Washington’s political and business community was a public figure and therefore required to prove actual malice.
Crowley v. Fox Broadcasting Co., 851 F. Supp. 700 (D. Md. 1994). LSKS attorneys defended Fox Broadcasting Co. and a broadcast production company in a defamation and invasion of privacy action arising from a news report about a National Guardsman who attempted but failed to rescue two teenagers stranded in the middle of a fast-moving river. The court granted summary judgment for the defendants.
Cheney v. Lyrad Productions, No. CAL 00-1312 (Md. Cir. Ct. 2001). LSKS defended Radio One, talk show host Joe Madison, and others in a defamation action arising from Madison’s comments about the death of man while in police custody. The court granted summary judgment for the defendants.
Smith v. Garber, 2003 WL 21960720 (E.D. Pa. 2003). LSKS defended Philadelphia Magazine in a defamation action arising from an article in which patients who sued a plastic surgeon were described as “kooks.” The court dismissed the action.
Lamenza v. Hearst-Argyle Stations Inc., No. 443 WDA 2004 (2005), aff’g No. G.D. 01-2449 (Pa. Ct. Com. Pl. 2004). LSKS defended a Pittsburgh television station and its employee in a defamation and invasion of privacy action brought by a labor mediator who alleged that a news report falsely implied he had ties to organized crime. The appellate court affirmed the trial court’s decision granting summary judgment for the defendants.
International Brotherhood of Electrical Workers Local 98 v. ABC Inc., No. 3817, March Term 2006 (Pa. Ct. Com. Pl. 2006). LSKS successfully defended ABC’s Philadelphia station in a libel case brought by a prominent local union based on a broadcast about the conviction on federal corruption charges of a local city councilman with ties to the union. The court dismissed the case.
Joyce v. NextMedia Group, Inc., 32 Media L. Rep. (BNA) 1795 (Pa. Ct. Com. Pl. 2004). LSKS defended a radio station in a defamation action brought by a state appeals court judge. The court granted the defendant’s motion to dismiss the action.
Glunk v. KYW-3 TV, No. 02-08858 (Pa. Ct. Com. Pl. 2004). LSKS successfully defended a Philadelphia television station in a defamation and invasion of privacy action brought by a plastic surgeon arising from a news report about the death of an 18-year-old woman following liposuction.
Garrett v. Viacom, 31 Media L. Rep (BNA) 2433 (N.D. W. Va. 2003). LSKS defended cable television network VH1 in an action for intentional infliction of emotional distress brought by the family of a woman who had been murdered by a prison inmate who was featured on the VH1 documentary program “Music Behind Bars.” The court dismissed the action.
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South
Hatfill v. The New York Times Co., --- F.3d ---, 2008 WL 2720696 (4th Cir. July 15, 2008) (affirming summary judgment published at 488 F. Supp. 2d 522 (E.D. Va. 2007)). See also 416 F.3d 320 (4th Cir.) (reversing dismissal published at 33 Media L. Rep. (BNA) 1129 (E.D. Va. 2004)), reh’g en banc denied, 427 F.3d 253 (4th Cir. 2005) (splitting 6-6), cert. denied, 126 S. Ct. 1619 (2006). LSKS successfully defended The New York Times in a defamation action brought by a scientist and prominent biodefense expert named by the FBI as a “person of interest” in the investigation of the 2001 anthrax mailings. The scientist claimed he was falsely implicated in a series of columns published in the newspaper. Following extensive discovery, the trial court granted the newspaper’s motion for summary judgment and the Fourth Circuit affirmed, finding the plaintiff a limited-purpose public figure who failed to establish the requisite evidence of actual malice.
Hamad v. Center for the Study of Popular Culture, No. 07-50165 (5th Cir. 2007), aff’g No. A-06-CA-285-SS (W.D. Tex. 2006). LSKS defended think tank Middle East Forum and scholar Daniel Pipes in an action by the owner of a website for a Palestinian organization for Internet defamation and related claims. The district court dismissed the action and required the plaintiff to pay the defendants their attorneys’ fees, costs and monetary sanctions. The Fifth Circuit summarily affirmed the ruling without requiring full briefing and awarded the defendants their attorneys’ fees and double costs incurred on appeal.
Gales v. CBS Broadcasting, Inc., 33 Media L. Rep. (BNA) 1353 (5th Cir. 2005), aff’g 32 Media L. Rep. (BNA) 2057 (S.D. Miss. 2004) and 269 F. Supp. 2d 772 (S.D. Miss. 2003); Berry v. Safer, 32 Media L. Rep. (BNA) 2057 (S.D. Miss. 2004); 293 F. Supp. 2d 694 (S.D. Miss. 2003). LSKS defended CBS News, producers of its newsmagazine 60 Minutes, and correspondent Morley Safer in defamation actions brought in Mississippi by more than a dozen persons who served on juries that had awarded millions of dollars in damages to plaintiffs in personal injury lawsuits in that state. The Fifth Circuit affirmed the trial court’s order awarding judgment on the pleadings for the defendants.
Finebaum v. Coulter, 854 So. 2d 1120 (Ala. 2003). LSKS defended a radio station and its employees before the Alabama Supreme Court in a defamation action arising from a radio sports talk host’s characterization of the kid-gloves treatment a competing host gave an interview subject as “oral sex.” The court dismissed the action.
Heekin v. CBS Broadcasting Inc., 895 So. 2d 417 (Fla. 2d DCA 2005); 789 So. 2d 355 (Fla. 2d DCA 2001). LSKS represented CBS in a false light invasion of privacy action arising from a 60 Minutes news report addressing the justice system’s handling of domestic violence cases. After reversing the trial court’s dismissal of the case, the appellate court later affirmed the trial court’s ruling granting judgment on the pleadings and awarding attorneys’ fees to CBS.
Hornsby v. Boykin, No. 146882 (La. Dist. Ct. 2007). LSKS represented the NAACP in an action for defamation and intentional infliction of emotional distress arising from the Terrebonne Parish Branch president’s public statement that two white deputies who shot in the back and killed an unarmed African-American man was a “murder” by “a bunch of out-of-control, trigger-happy cowards.” The day before the scheduled hearing on the defendants’ “anti-SLAPP” motion, the plaintiff voluntarily dismissed the case.
McFarland v. Media Research Center, No. 04-785-A (E.D. Va. 2004). LSKS defended an Internet news provider in a defamation action arising from a report that quoted a man alleging that the plaintiff was involved in a conspiracy to murder the man’s wife and son. The court dismissed the action.
Gewirz v. Sinclair Telecable, Inc., No. 2:97cv9 (E.D. Va. 1997). LSKS defended a television station in an action brought by a former radio personality arising from a gag news report stating that she had been suspended for sexual improprieties. After the plaintiff voluntarily dismissed her defamation claim, a jury awarded a verdict for the defendants on all remaining counts.
Levin v. WJLA-TV, 564 S.E.2d 383 (Va. 2002). LSKS represented a D.C. television station on appeal of a $2 million jury verdict entered against it for defamation and commercial misappropriation. The Virginia Supreme Court reversed the $525,000 award for commercial misappropriation.
Sheckler v. Virginia Broadcasting Corp., 63 Va. Cir. 368 (2003). LSKS was retained to litigate post-trial motions in this defamation action arising from a Charlottesville television station’s news report, which inaccurately stated that large quantities of cocaine were confiscated from the plaintiff’s home during his arrest. The trial court set aside a $10 million jury verdict and ordered that the plaintiff (who was ultimately acquitted of all criminal charges) either remit $9 million of the $10 million award or, in the alternative, submit to a new trial on damages only.
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Midwest
Harte-Hanks Communications, Inc. v. Connaughton, 491 U.S. 657 (1989). LSKS attorneys represented a newspaper company before the United States Supreme Court in a defamation action arising from a news story alleging a judicial candidate acted unethically. The Court held that, for the candidate to prevail, he had to demonstrate that the newspaper did more than merely depart from professional standards in reporting the story. The Court also reaffirmed the principle that appellate courts must independently review the record in defamation actions instituted by public officials or public figures.
Global Relief Foundation v. New York Times Co., 390 F.3d 973 (7th Cir. 2004). LSKS attorneys defended The Associated Press in an Islamic charity’s libel suit against AP and five other news organizations arising from published reports after 9/11 that the Treasury Department was investigating the organization as a possible source of funding for terrorists. The Seventh Circuit affirmed summary judgment for the defendants.
Mancari v. Infinity Broadcasting East Inc., 33 Media L. Rep. (BNA) 1119 (N.D. Ill. 2004). LSKS defended a Chicago radio station in a defamation and invasion of privacy action brought by a murder defendant’s brother and his auto dealerships arising from a news broadcast about the murder trial. The court entered judgment on the pleadings for the station.
Van Horne v. Muller, 705 N.E.2d 898 (Ill. 1998). In the Illinois Supreme Court, LSKS argued on behalf of various media organizations as amicus curiae that allowing claims for negligent or reckless hiring, retention and supervision based on allegedly defamatory comments would sidestep constitutional requirements for defamation claims and inhibit media entities from broadcasting or publishing the work of controversial persons.
Schivarelli v. CBS Inc., 776 N.E.2d 693 (Ill. Ct. App.), appeal denied, 787 N.E.2d 170 (Ill. 2002). LSKS defended CBS in a defamation and invasion of privacy action arising from a television station’s promotion of its prior investigative reports, including one alleging improprieties by a city employee. The appellate court affirmed the dismissal of the action.
Clements v. Osbourne, No. 1:07-cv-0625-LJM-WTL (S.D. Ind. 2007). LSKS lawyers successfully defended CBS and a television production company in a defamation action arising out of a reality television series featuring celebrities deputized as police officers. The case was resolved shortly after the media defendants filed their motion to dismiss.
Stokes v. CBS Inc., No. 4-96-178 (D. Minn. 1999). LSKS defended WCCO, a Minnesota television station, at trial in an action brought by a murdered businessman’s widow. The widow alleged claims for defamation arising from a news report that she claimed falsely accused her of murdering her husband. After a six-week trial, the jury returned a defense verdict.
Ransom v. Barge, No. 23329-2 (Mo. 2000). LSKS represented the NAACP and other nonprofit organizations that appeared as amici curiae in connection with a police officer’s appeal from an order dismissing his libel action against a local NAACP official. The action arose from a grievance the NAACP official filed regarding the officer’s official conduct.
Cole v. NAACP, No. CJ-2000-6881 (Okla. Dist. Ct. 2000). LSKS successfully defended the
national NAACP, a local chapter, and its officials in a defamation action arising from a petition for an investigation into alleged improprieties by a high school principal.
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West
Consumers Union of the United States, Inc. v. Suzuki Motor Corporation, 540 U.S. 983 (2003). LSKS represented a coalition of media organizations as amici curiae in seeking United States Supreme Court review of a Ninth Circuit decision limiting the scope of a trial court’s review of evidence of actual malice on summary judgment.
Mink v. Suthers, 482 F.3d 1244 (10th Cir. 2007). LSKS attorneys authored an amicus brief on behalf of several national news organizations in support of a satirical website operator challenging the constitutionality of Colorado’s criminal libel statute.
Knievel v. ESPN, Inc., 393 F.3d 1068 (9th Cir. 2004). LSKS attorneys defended ESPN in an action by famed daredevil Evel Knievel and his wife alleging they were defamed by a photograph and caption on an ESPN website saying “Evel Knievel proves you are never too old to be a pimp.” The Ninth Circuit affirmed dismissal of the action.
Masson v. New Yorker Magazine, Inc., 85 F.3d 1394 (9th Cir. 1996). LSKS attorneys represented journalist Janet Malcolm before the Ninth Circuit in a defamation action brought by a scholar and archivist who claimed he was misquoted in an article. Following a United States Supreme Court decision and two trials in the case, the Ninth Circuit affirmed jury verdicts in favor of Ms. Malcolm.
Auvil v. CBS 60 Minutes, 67 F.3d 816 (9th Cir. 1995). LSKS attorneys successfully argued on behalf of more than 40 media organizations as amici curiae that a trial court properly granted summary judgment against apple growers who brought a product disparagement claim against 60 Minutes arising from a report on chemical sprays.
Pring v. Penthouse International, Ltd., 695 F.2d 438 (10th Cir. 1982). LSKS attorneys represented a magazine publisher in obtaining post-trial dismissal of judgment for the plaintiff on claims for libel, invasion of privacy, and outrageous conduct premised on a satirical portrayal of a contestant in the Miss America pageant. A jury had awarded the plaintiff $26.5 million.
Gilbert v. Medical Economics Co., 665 F.2d 305 (10th Cir. 1981). LSKS attorneys represented a magazine publisher in obtaining dismissal of privacy claims arising from an article that discussed the plaintiff’s psychiatric history.
Schering Corp. v. First Databank Inc., 2007 WL 1068206 (N.D. Cal. 2007). LSKS defeated a motion for a preliminary injunction brought by a major pharmaceutical company against the publisher of a prescription-drug database in an action alleging product disparagement, negligent publication, and tortious interference with prospective economic advantage.
Condit v. Star Editorial, Inc., 259 F. Supp. 2d 1046 (E.D. Cal. 2003). LSKS attorneys represented a national magazine in obtaining dismissal of a Lanham Act claim brought by a former congressman’s wife.
Mattivi v. Russell, 30 Media L. Rep. (BNA) 2177 (D. Colo. 2002). LSKS attorneys represented a newspaper in obtaining dismissal of a claim under the Driver Privacy Protection Act for public disclosure of a DUI offense report.
Gordon v. Boyles, 9 P.3d 1106 (Colo. 2000). LSKS attorneys prepared an amicus brief on behalf of the Colorado Press Association in a case that established the standard a libel plaintiff must satisfy before she can require the press to reveal the identity of a confidential source for an allegedly defamatory publication.
Diversified Management, Inc. v. Denver Post, Inc., 653 P.2d 1103 (Colo. 1982). LSKS attorneys successfully represented a newspaper in a defamation action that established the rule under Colorado law that requires a private figure plaintiff to prove actual malice in any case premised upon a publication addressing a matter of legitimate public interest or concern.
Wilson v. Meyer, 126 P.3d 276 (Colo. Ct. App. 2005). LSKS attorneys defended a newspaper and its editor in a libel suit premised on reports and an editorial concerning a candidate for public office who was described as “paranoid,” obtaining a court of appeals ruling that the “fair reports” privilege applies to an accurate summary of statements made at a government meeting open to the public.
Stone v. New York Times Co., 30 Media L. Rep. (BNA) 1918 (Colo. Ct. App. 2002). LSKS attorneys obtained summary judgment for The New York Times in a libel case arising from an article concerning a witness’s testimony accusing the plaintiff of being a drug dealer.
Smiley’s Too, Inc. v. Denver Post Corp., 935 P.2d 39 (Colo. Ct. App. 1997). LSKS attorneys obtained a defense verdict at trial, which was affirmed on appeal, in a case that helped establish Colorado’s pattern civil jury instruction requiring the jury to find that the false statements at issue in a defamation action caused more damage to the plaintiff’s reputation than a truthful report would have produced.
Student v. Denver Post Corp., 24 Media L. Rep. (BNA) 2527 (Colo. Ct. App. 1996). LSKS attorneys obtained summary judgment for a newspaper in a libel case on the ground that an error in describing a legal proceeding was one of several possible rational interpretations of a complicated pleading.
Bowers v. Loveland Publishing Co., 773 P.2d 595 (Colo. Ct. App. 1988). LSKS attorneys successfully defended a newspaper in a libel suit arising from an article reporting the plaintiff’s arrest.
Brooks v. Paige, 773 P.2d 1098 (Colo. Ct. App. 1988). LSKS attorneys defended a sports commentator in a lawsuit alleging intentional infliction of emotional distress based on statements and conduct on a television program in which the columnist defaced an enlarged photograph of a professional soccer player.
McMullen v. Denver Post Corp., 29 Media L. Rep. (BNA) 2076 (Colo. Dist. Ct., Denver Cty. 2001). LSKS attorneys obtained dismissal of a libel action by the owner of the New Jersey Devils professional hockey team against a newspaper sports columnist.
Formby v. Chancellor Broadcasting Co., 26 Media L. Rep. (BNA) 2468 (Colo. Dist. Ct., Denver Cty. 1998). LSKS attorneys obtained dismissal of an action for “outrageous conduct” based on offensive comments made by radio “shock jocks” concerning a fatal boating accident.
Cook v. Bushnell, 35 Media L. Rep. (BNA) 1181 (Wyo. Dist. Ct., Teton Cty. 2006). LSKS attorneys defended a small newspaper in a libel action brought by a construction company and its principals based on two articles reporting on a lawsuit by a dissatisfied customer. The court granted summary judgment on grounds of substantial truth.
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