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Selected Cases

Quigley v. Rosenthal, 327 F.3d 1044 (10th Cir. 2003). LSKS attorneys represented the Anti-Defamation League and its regional director in their appeal of a trial court judgment for libel and wiretap violations, resulting in dismissal of claims for invasion of privacy.

Rossignol v. Voorhaar, 316 F.3d 516 (4th Cir. 2003). LSKS represented a newspaper publisher in a civil rights action against a sheriff and his deputies who removed virtually an entire edition of the newspaper from circulation by purchasing most of the copies available for sale. The Fourth Circuit reversed the trial court’s order granting summary judgment for the defendants, holding that the mass purchase by officers, even though they were off duty and out of uniform, was unconstitutional state action designed to suppress the publisher’s viewpoint and retaliate against him for prior articles critical of the officers. The trial court granted summary judgment in favor of the publisher thereafter and the defendants paid the publisher $435,000 in settlement of the action.

Johnson v. Colorado Board of Architectural Examiners, No. 2005-cv-6546 (Colo. Dist. Ct. 2006). LSKS attorneys successfully represented a candidate for public office (a non-licensed architect) in a federal civil rights action challenging the constitutionality of a state statute that was applied to prohibit the candidate from describing himself as “an architect” in political speeches. The trial court ruled that the statute, as applied, abridged the candidate’s constitutional right to freedom of speech, and awarded the candidate his attorneys’ fees for successfully challenging the statute.

Hornsby v. Boykin, No. 146882 (La. Dist. Ct. 2007). LSKS represented the national 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.

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.

Payer v. B.B. Becker, LLC, No. 1:04-cv-07371-LAK (S.D.N.Y. 2005). LSKS attorneys defended a Denver jewelry designer who creates sterling silver jewelry with engraved quotations in a trade dress infringement action brought by a San Francisco jewelry designer who also creates jewelry with engraved quotations. After a six-day trial, the jury found in favor of the Denver jewelry artist on all counts, finding that there was not a likelihood of confusion between his jewelry and the plaintiff’s jewelry.

Gee v. 318 Chinese Union, No. 05 Civ. 969 (AKH) (S.D.N.Y. 2005) and No. 604177/04 (N.Y. Sup. Ct. 2004). LSKS successfully opposed multiple motions for temporary and preliminary injunctions brought by various businesses against the Chinese Staff & Workers Association and other organizations seeking to enjoin CSWA’s street demonstrations protesting working conditions in New York’s Chinatown. In addition, LSKS obtained a summary judgment dismissing all of the claims asserted against CSWA, including claims for defamation, interference with business relations, RICO, and unfair labor practices.

National Mobilization Against Sweatshops v. Couch, No. 02-CV-1371 (TJM) (RFT) (N.D.N.Y. 2003). LSKS successfully represented National Mobilization Against Sweatshops, the Chinese Staff & Workers Association and other advocacy organizations in their lawsuit against Albany police and other government officials who denied a permit for a demonstration in front of the Governor’s Mansion. Under the terms of a settlement, the organizations not only obtained the permit but also a monetary payment and an agreement by the city to rewrite its parade-permit regulations to include speech-protective provisions submitted by the plaintiffs.

Cooke v. Cooke, No. 97-101 (Va. Cir. Ct. 1998). LSKS represented freelance author Adrian Havill in his successful effort to resist a subpoena seeking to compel him to disclose confidential sources for his reporting related to the late Washington Redskins owner, Jack Kent Cooke.