News & Analysis as of

False Light

Actor James Woods’ Multiple Lawsuits Highlight Dangers of Inflammatory Social Media Postings

by Akin Gump - Excubitor on

Earlier this year, a resident private citizen filed suit against celebrity James Woods, alleging that he defamed her via his postings on a popular short-form social media. The current suit follows a similar case brought by...more

MLB All-Stars Ryan Howard and Ryan Zimmerman Cry Foul at Al Jazeera’s Documentary on Sports Dopers

by Fox Rothschild LLP on

The defamation lawsuit by retired three-time All-Star Philadelphia Phillies first-baseman Ryan Howard and All-Star Washington Nationals first-baseman Ryan Zimmerman against Al Jazeera over the controversial documentary The...more

Defamation Law Series: California Court of Appeal SLAPPS Several Claims Asserted Against Boxer Floyd Mayweather

by Kelley Drye & Warren LLP on

The California Court of Appeal recently dismissed several claims asserted against the famous professional boxer, Floyd Mayweather, Jr., by his ex-fiancé, Shantel Jackson. Mayweather and Jackson had been involved in an...more

Defamation Law Series: Court Affirms Dismissal Of Claims Against Actor Marlon Wayans

by Kelley Drye & Warren LLP on

In Daniel v. Wayans, The California Court of Appeal recently affirmed a trial court’s decision to grant actor Marlon Wayans’ anti-SLAPP motion against Pierre Daniel. Daniel worked as an extra on the movie A Haunted House...more

The 2016 Roundup of Key California Anti-SLAPP Decisions

In 2016, the California Supreme Court and the Ninth Circuit Court of Appeals issued important opinions interpreting California’s anti-SLAPP statute (C.C.P. § 425.16 et seq.), once again broadly construing its application. See...more

Former American Idol Contestant’s Defamation and False Light Claims Dismissed

by Kelley Drye & Warren LLP on

The California Court of Appeal recently dismissed former American Idol contestant Corey Clark’s claims against Radar Online, LLC (“Radar”), concluding that Radar’s anti-SLAPP motion should have been granted. In 2003,...more

Third Circuit Finds Photo Placement Sufficient to Permit Defamation, False Light Claims to Go Forward in Suit Alleging Harm from...

by Reed Smith on

In a case demonstrating the difficulties of applying long-established but arguably outdated legal principles to modern technology, the United States Court of Appeals for the Third Circuit last week reversed itself to permit a...more

Appellate Court Affirms Order Denying Anti-SLAPP Motion to Strike Claim for Libel by Implication

by Kelley Drye & Warren LLP on

Plaintiff Leah Manzari, an alleged pioneer in the online adult entertainment industry and purportedly famous under her professional name, Danni Ashe, filed suit for libel and false light in California district court, alleging...more

Sex, Lies and Defamation

by Clark Hill PLC on

On Monday, July 25, 2016, the Ninth Circuit emphasized the continuing viability of defamation claims in cyberspace, notwithstanding a culture saturated in images and "anything goes," by permitting a defamation claim by an...more

Client Alert: Microwave Ovens in “American Hustle” Constitute a Matter of Public Interest

In Brodeur v. Atlas Entm’t, (No. B263379, filed 6/6/16), the California Court of Appeal for the Second Appellate District held statements regarding the safety of microwave ovens in the hit film “American Hustle” constituted a...more

Blake Shelton Says Magazine Wrong About Rehab & Survives Anti-SLAPP Motion

by Kelley Drye & Warren LLP on

Last year, country music superstar Blake Shelton filed suit in federal court against the creators and publishers of In Touch Weekly, bringing claims of libel per se and false light invasion of privacy after the magazine...more

DC Court of Appeals Affirms February 2012 Denial of Anti-SLAPP Motion in Newmyer v. Huntington

by LeClairRyan on

Waaaaaaay back in early 2012, after a defendant (Huntington) filed a counterclaim against a plaintiff (Newmyer) for defamation, false light and related torts, Newmyer responded by filing an anti-SLAPP motion. Newmyer’s...more

Ninth Circuit Finds First Amendment Protects Against Right Of Publicity Claim Involving Film “The Hurt Locker”

The Ninth Circuit has confirmed that right of publicity claims purporting to arise from expressive works, like films, are content-based restrictions on speech that are presumptively unconstitutional, and generally should not...more

Erasure Laws Don’t Equal Right to be Forgotten

by LeClairRyan on

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right”...more

June Court Decision Round-Up

by Brooks Kushman P.C. on

JDS Technologies, Inc. v. Avigilon USA Corp., Case No. 15-10385, 2015 WL 3603525 (E.D. Mich. June 5, 2015) - U.S. District Judge Avern Cohn denied Avigilon’s motion to dismiss for failing to adequately plead allegations...more

Third Circuit Attempts to Untangle Defamation and False Light Invasion of Privacy

CaptureIn Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant’s statement was not defamatory but was a false light invasion of privacy (“false light”). The...more

Weekly Law Resume - January 2014: Defamation – Plaintiffs Limited To Recovery of Special Damages Based on Failure To Demand a...

by Low, Ball & Lynch on

Deepak Kalpoe, et al. v. The Superior Court of Los Angeles County - Court Of Appeal, Second Appellate District (December 17, 2013) - In lawsuits for libel or defamation against certain publications and broadcasters,...more

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

by Holland & Knight LLP on

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

Farah v. Esquire: a Primer

by LeClairRyan on

I have previously blogged about the panel that will be hearing the Farah v. Esquire appeal on October 3. Here’s a brief summary on the relevant background facts, the proceedings in the district court and the pertinent issues...more

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

When "Peer Review" Has Ulterior Motives

A federal judge this week upheld a jury verdict against the American Academy of Orthopedic Surgeons, finding sufficient evidence for the jury's decision that the AAOS acted with "reckless disregard for the truth" in...more

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